Illinois Appellate Court
Criminal Court
DUI
The 30 days in which a defendant is entitled to a hearing on a petition to rescind statutory summary suspension of his driving privileges begins to run before the Secretary of State has confirmed the suspension. Defendant is entitled to the recission of suspension if he was not given a hearing within 30 days after filing his petition. Without a confirmation of the suspension, there is not a suspension for the trial court to rescind, but the Motor Vehicle Code does not indicate that the 30-day period begins with the Secretary's confirmation. (SCHOSTOK and HUDSON, concurring.)