People v. Davis

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2012 IL App (2d) 110581
Decision Date: 
Wednesday, June 27, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON
Court properly dismissed without prejudice Defendant’s petition to rescind statutory summary suspension (SSS). Vehicle Code permits petition to rescind SSS to be brought only after State has served notice of suspension, and hearing must be held within 30 days of date petition to rescind SSS is properly filed. Service of notice of SSSS is satisfied by mailing with prepaid postage the notice to Defendant’s address as shown on traffic ticket. Substantial compliance with regulations for officer obtaining urine sample from arrestee is required, as strict compliance is not always realistic. (ZENOFF and BURKE, concurring.)