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Multiple DUI Suspension Rescissions in St. Clair and Madison Counties

Posted on Jan 22, 2016

In the last two weeks I have obtained multiple DUI suspension rescissions in both Madison and St. Clair Counties.  The reasons have varied.  Some were for failure to comply with discovery in time and others were pursuant to negotiations.  One was for a DUI arrest on private property. 

I have been successful in obtaining rescission of my client's suspensions in a variety of situations.  The first means of obtaining such a rescission is to determine whether the State can prove the DUI occurred in part on a public roadway.  The SSS cannot exist for a purely private property DUI. 

Secondly, examine carefully the Notice and Warning that trigger the SSS.  I obtained a rescission due to the officer's failure to appropriately comply with the requirement that the Warning to Motorist be fully read to the suspect.  I have also obtained rescissions due to the officer failing to place correct time and date information on the forms.  While most of the time this omission is not fatal to the SSS, in some cases it is so serious as to result in rescission.

Thirdly, always look to the breath machine log sheets.  The Illinois Administrative laws require all machines to be regularly certified.  This includes the self-certifying machines.  A recent law defined that even with self-certifying machines there must be an independent test performed by an actual human being in order to comply with the regulations.  I recently won a case from Granite City due to this deficiency. 

Fourth, watch the video evidence from dash cam and booking room or jail if it exists.  Some times the officer's statements contained in the Notice of Suspension (which is a sworn document) is not accurate and is refuted by the video evidence.  Many times the officer will place in the Notice that a suspect is exhibiting a wide variety of physical characteristics of alcohol consumption.  When the video doesn't depict some of these claimed attributes it affects the officer's credibility which can compromise the SSS.

If you are facing a DUI and SSS contact a qualifed DUI attorney immediately.

Brian L. Polinske
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