People v. Morales
24 N.E.3d 1260
Ill. App. Ct.2015Background
- Morales was arrested for DUI on August 4, 2012 in Chicago.
- An officer gave Morales a Notice of Summary Suspension on arrest day stating a 46-day start and hearing rights.
- Secretary of State sent a confirmation letter of statutory summary suspension after the arrest, stating suspension would begin 46 days after notice.
- Morales filed a petition to rescind on October 9, 2012, and a motion to rescind followed; he received the secretary’s confirmation letter on October 29, 2012.
- A hearing was held in December 2012; the circuit court rescinded the suspension based on alleged due process violations, which the appellate court later reversed.
- The appellate court held Morales was properly notified and given a hearing; no procedural due process violation occurred and the trial court’s rescission was reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a procedural due process violation due to the secretary’s post-notice confirmation | People argued notice and hearing were adequate; no due process violation | Morales argued the confirmation letter arrived after suspension began, violating due process | No due process violation; affirmed that notice and hearing were adequate |
| Whether notice and hearing under 11-501.1(b) satisfied due process | People contends the statutory notice and hearing complied with law | Morales contends timing/notice undermined process | Notice and hearing satisfied due process; rescission improper |
| Whether the 46-day self-executing suspension under 11-501(g) was properly triggered by on-scene notice | People argues proper notice on arrest date initiated suspension | Moralesverts that actual timing of confirmation mattered | Self-executing notice began 46 days after arrest; valid |
| Appropriate burden of proof on petition to rescind | People contends proper shift of burden once prima facie shown | Morales argues due process defects warrant rescission | Trial court erred in granting rescission; burden shifting as stated in Kavanaugh |
Key Cases Cited
- People v. Donnelly, 327 Ill. App. 3d 1101 (Ill. App. 2002) (notice of summary suspension is the sworn report indicating notice)
- People v. Teller, 207 Ill. App. 3d 346 (Ill. App. 1991) (summary suspension rescission hearing is civil, not criminal)
- People v. Lent, 276 Ill. App. 3d 80 (Ill. App. 1995) (scope of rescission hearing)
- People v. Grabeck, 2011 IL App (2d) 100599 (Ill. App. 2d 2011) (limits of rescission hearing under 11-501.1(b))
- People v. Eidel, 319 Ill. App. 3d 496 (Ill. App. 2001) (11-501.1(g) self-executing suspension)
- Cardona v. People, 2013 IL 114076 (Ill. 2013) (procedural due process framework for notices)
- Kavanaugh, 362 Ill. App. 3d 690 (Ill. App. 2005) (burden-shifting standard in rescission)