People v. Morales

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2015 IL App (1st) 131207
Decision Date: 
Tuesday, January 6, 2015
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Reversed.
Justice: 
FITZGERALD SMITH
Court improperly rescinded DUI Defendant's statutory summary suspension of his driver's license. No due process violation where Defendant was provided notice and a hearing. Defendant was served with notice on date he was arrested for DUI, and had opportunity to present any objections at court hearing. That a letter "Notice of Summary Suspension" from Secretary of State arrived by mail when his suspension had already begun was irrelevant, as it was merely a confirmation that his license was suspended, and did not impact his procedural due process rights. (HOWSE and EPSTEIN, concurring.)