As a DUI lawyer in Chicago, I have represented thousands of clients over the past 15 years who have been charged with DUI. One of the first things that the best DUI attorney does In any case is to file a petition to attack the summary suspension. This is done sometimes on the day of the DUI arrest in Chicago. In any case, it should be filed as soon as possible after the DUI arrest.In the case of People v. Bywater, (See also People versus Fitterer, People versus Madden) the court ruled that there can be no restrictions on the filing of a petition to contest the summary suspension by the Circuit Court. Illinois statutes allow a petitioner to file the petition contesting the suspension upon receipt of a law enforcement sworn report. How does this affect my Chicago DUI arrest?All DUI arrests in the city of Chicago are required to appear on the fourth floor of the Daley Center in Chicago. In every other county surrounding Chicago and even in all of the other districts of Cook County (except for district 5), the lawyer simply needs to file the petition to contest the suspension with the Circuit Court and then the matter is either automatically set for hearing or the court waits until the first assigned court date to deal with the suspension matter. When a lawyer tries to file a petition to contest the suspension at the Richard J Daley Center in Chicago, the Clerk requires that the case be brought in front of a judge immediately upon filing. This is a restriction that would lead some to believe that all cases must be filed in person or they cannot be filed. This is a violation of the above court rulings on the issue if restrictions on filing.If you have any questions about being arrested in Chicago for DUI, feel free to contact the experienced DUI lawyer John W Callahan.
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