People v. Boyd

State appealed from a trial court order granting defendant’s motion for an automatic rescission of defendant’s suspended driving privileges subsequent to a DUI ticket on the basis that the hearing was not held within 30 days from the date of the filing of the petition to rescind and that 34 days of delay were attributable to the State. The State argued on appeal that the defendant invited error when he agreed to a hearing date beyond the 30-day deadline and that the days attributed to the State should have been attributed to the defendant. Defendant argued that the State had forfeited its invited-error argument. The appellate court reversed and remanded, finding that at least some of the delay was improperly attributed to the State so that automatic rescission was not proper and declining to find that the State forfeited its invited-error argument. (JORGENSEN and KENNEDY, concurring)