People v. Elliott, 2012 IL App (5th) 100584

Defendant was cited for driving with a suspended license in Perry County after a prior statutory summary suspension was issued.
A petition to rescind the suspension was filed in Jackson County and later granted in October 2009, with rescission entered October 19, 2009 and notice issued October 23, 2009.
The Perry County citation for driving while suspended occurred after the suspension began but before the rescission order was entered.
The Jackson County proceeding held the suspension to be rescinded; the Perry County conviction followed, leading to this appeal.
The issue on appeal is whether the rescission of the statutory suspension voided the underlying suspension and barred the charge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether rescission voids the suspension retroactively	Elliott argues rescission voids the suspension	People contends rescission does not affect criminal liability	Yes; rescission controls, effectively voiding the suspension from inception
Whether a rescinded suspension can support a driving-while-suspended conviction	Elliott contends rescinded suspension cannot ground the charge	People asserts suspension may still be used to charge	Conviction reversed because suspension was rescinded
Scope and timing of rescission under 2-118.1	Rescission timely per statute	Petition timing not dispositive	Timeliness under 2-118.1 controls; rescission retroactive effect applies

People v. Grabeck, 2011 IL App (2d) 100599 (Ill. App. (2d) 2011) (discussed scope of 2-118.1 hearings (respective limitations))
Ciechanowski v. People, 379 Ill. App. 3d 506 (Ill. App. 3d 2008) (rescission and limitations; voidable vs void ab initio; impact on driving privileges)
Focia v. People, 287 Ill. App. 3d 767 (Ill. App. 3d 1997) (rescission retroactivity and public-safety implications)
Coregis Insurance Co. v. Illinois State Bar Ass’n, 355 Ill. App. 3d 156 (Ill. App. 2004) (void vs voidable distinction in rescission context)