People v. Pollitt
356 Ill. Dec. 14
Ill. App. Ct.2011Background
- Pollitt challenged a statutory summary suspension of driving privileges after a DUI arrest and breath test showing 0.144 BAC.
- Sworn report indicated suspension notice date inconsistent with breath test timing; notice dated Sept 2, breath test Sept 3.
- Secretary of State notified of test result and suspension while the vehicle operator was warned.
- The hearing on rescission focused on whether the officer had reasonable grounds and the sworn report defect.
- Trial court rescinded the suspension, citing an impermissible 46-day rule breach and scrivener’s error; State moved to reconsider.
- Appellate court affirmed, holding sworn-report defects can render suspension invalid if not curable, and no abuse of discretion in denying reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a sworn report defect can justify rescission of a summary suspension | Pollitt argues defect shows invalid suspension | State argues defect curable and rescission improper | Yes; defect supports rescission |
| Whether the 46-day rule governs rescission timing here | Pollitt relies on 46-day period to trigger due process | State contends 46 days not necessary for rescission | Pollitt’s rescission affirmed; error in dating impactful |
| Whether the State could amend the sworn report on reconsideration | State should be allowed to amend to cure defect | Amendment not appropriate post-judgment; reconsideration improper for new facts | No amendment permitted; reconsideration denial affirmed |
| Whether the trial court abused its discretion denying reconsideration | Abuse due to new remedy options | No abuse; discretion in context of motion to amend after judgment | Not abused; decision to deny reconsideration affirmed |
Key Cases Cited
- Cooper v. 174 Ill.App.3d 500, 174 Ill.App.3d 500 (1988) (sworn report role in rescission; notice timing discrepancy)
- Palacios v. 266 Ill.App.3d 341, 266 Ill.App.3d 341 (1994) (jurisdictional defect where notice date missing from sworn report)
- Badoud v. 122 Ill.2d 50, 122 Ill.2d 50 (1988) (sworn report defects may be cured; generally before hearing)
- Wiley v. 333 Ill.App.3d 861, 333 Ill.App.3d 861 (2002) (scope and burden in rescission proceedings)