Schaumburg DUI Suspension Rescinded because of Due Process Violation

Posted by John Callahan | Oct 18, 2012 | 0 Comments


As a DUI lawyer from Schaumburg who practices all over Cook county, we normally see our DUI clients have their court date within 30-45 days from the date that they were arrested. This means that in 95% of the DUI cases we see, the clients license is not suspended prior to the first court date.What happens when the police officer on the driving under the influence charge gives a court date that is close to 60 days from the date of the offense? This week DUI lawyer Michael Norris answered that question when he argued before the Court that it is a Due Process violation for a defendant's license to be suspended before the client has an opportunity to contest the suspension in court. While there is case law that indicates 3 days of the defendant's license being suspended is acceptable before he or she has a opportunity to contest it, in this case the Court felt that 9-10 days of the suspension prior to a hearing was a due process violation. The suspension based off of the driving under the influence charge was dismissed.You can always feel free to contact our offices if you have any DUI questions!

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John Callahan

You never get a second chance to make a first impression. You may also never get a second chance to preserve your freedom if faced with criminal or DUI charges. If you are currently facing criminal charges, contact the law offices of John W. Callahan to protect you, your rights and your freedom. ...


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