People v. Salvador

Defendant received a uniform traffic ticket for DUI.Defendant filed petition to rescind statutory summary suspension (SSS), but 13 days later voluntarily withdrew her petition and did not request to reinstate it until more than 30 days after the initial filing date. In the meantime, Secretary of State confirmed the SSS. As Defendant had withdrawn her petition within the 30-day period, there was no longer a pending petition to rescind on which the State could schedule and hold a hearing.Thus, court erred in rescinding Defendant's SSS. (O'BRIEN and SCHMIDT, concurring.)