People v. Moreland
955 N.E.2d 1218
Ill. App. Ct.2011Background
- DUI arrest May 1, 2010; officer served sworn report stating suspension begins 46 days after service and petition to rescind due within 90 days.
- Petition to rescind filed May 4, 2010; first court date May 21, 2010; court questioned whether a suspension existed without Secretary confirmation.
- Court struck petition alleging no suspension to rescind without confirmation; 30-day hearing deadline not tolled.
- Secretary filed suspension confirmation May 24, 2010; hearing for petition initially not held within 30 days after filing.
- June 4, 2010: defendant moved to rescind; June 7, 2010: petition reinstated; court rescinded suspension due to untimely hearing, but noted delay not attributable to defendant.
- Issue on appeal: whether the 30-day hearing period runs before Secretary confirmation and how delays attributable to court or Secretary affect entitlement to rescission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 2-118.1(b) require a hearing within 30 days after filing regardless of Secretary confirmation? | State argues 30 days may be tolled pending confirmation. | Moreland argues delay cannot be attributed to him; 30-day window should apply. | Yes, 30 days after filing; no tolling for absence of confirmation. |
| Can defendant obtain rescission when petition is stricken before Secretary confirmation? | State contends petition can be struck if no suspension exists; rescission not available. | Moreland acted promptly; delay not his fault; rescission still available. | Defendant entitled to rescission despite petition being struck before confirmation. |
| Does the 30-day clock begin before Secretary confirms the suspension? | State seeks to delay tout court remedial period until confirmation. | Court should not read the statute to require pre-confirmation confirmation. | Clock begins when petition is filed; no requirement that confirmation precede 30-day period. |
Key Cases Cited
- People v. Bywater, 223 Ill.2d 477 (2006) (interprets 2-118.1(b) and mandatory hearing timing)
- People v. McClure, 218 Ill.2d 375 (2006) (statutory construction; plain language governs)
- People v. Schaefer, 154 Ill.2d 250 (1993) (automatic rescission; delay not attributable to defendant)
- People v. Madden, 273 Ill.App.3d 114 (1995) (confirmation timing; delay considerations)
- People v. Rodgers, 106 Ill. App.3d 741 (1982) (speedy-trial-like timing; not tolled by striking a charge with leave to reinstate)
- People v. Fitterer, 322 Ill.App.3d 820 (2001) (delay in Secretary’s confirmation; comparison to Madden; timeliness)
- People v. Cosenza, 215 Ill.2d 308 (2005) (speedy-trial comparison to statutory period)