People v. Elliott
2014 IL 115308
Ill.2014Background
- Defendant was arrested for DUI on Aug 26, 2009 and received notice of a statutory summary suspension of his license.
- Defendant filed a petition to rescind the statutory summary suspension on Sep 1, 2009.
- The suspension commenced Oct 11, 2009.
- Defendant was cited in Perry County on Oct 13, 2009 for driving on a suspended license.
- Jackson County granted the rescission on Oct 19, 2009 and the Secretary of State entered a rescission on Oct 23, 2009.
- The Perry County case proceeded to trial; defendant was convicted for driving on a suspended license; appellate court reversed and the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether rescission of a statutory summary suspension has retroactive effect. | Elliott contends rescission undoes the suspension entirely. | The State argues rescission invalidates the basis only prospectively. | Prospective-only rescission. |
| Whether driving on a suspended license after rescission can still be punished. | Charge arises from conduct after suspension began but before rescission. | Rescission retroactively nullifies the basis for the charge. | Conviction sustained; rescission is prospective only. |
Key Cases Cited
- McClure, 218 Ill. 2d 375 (2006) (statutory summary suspension may be challenged; rescission contemplated as prospective)
- Moore, 138 Ill. 2d 162 (1990) (summary suspensions serve to promptly remove impaired drivers)
- Lloyd, 2013 IL 113510 (2013) (statutory interpretation guiding purpose and meaning of terms)
- Jackson, 2011 IL 110615 (2011) (presumption against absurd results in statutes)
- Focia, 287 Ill. App. 3d 767 (1997) (section 2-118.1(b)—suspensions remain in full force until invalidated)