Rescission 30 Days: Don’t Count Filing Date

Case NamePeople v. Riffice (.pdf)

Court: Appellate Court of Illinois, Third District

Date Decision Filed: 7/8/09

In this case, the defendant, on September 30, 2008,  filed a petition to rescind her statutory summary suspension.  The trial court held a hearing on the petition on October 30, 2008.  Depending on whether the filing date is counted, the hearing date was on either the 30th or 31st day after the defendant filed her rescission petition.  By statute, a rescission hearing must be held “[w]ithin 30 days after receipt of the written request [. . .].”  The appellate court relied on an earlier appellate-court decision (Second District) and ruled that the time period’s first day (the day of filing) does not count; the calculation of the 30-day period begins with the day following the filing date.  Accordingly, the trial court conducted a timely hearing in this case since the date of filing did not count towards the 30-day limit.  The trial court held the hearing on the 30th day.

Jeremy Richey


BROUGHT TO YOU BY:
Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.