As a DUI lawyer in Schaumburg I hear this question almost every week in my practice. A prospective client will come into my office and tell me that they were told by a different lawyer (who they have not yet hired) that they should not file a Petition to Rescind the Statutory Summary Suspension until the first court date. Many advise their clients to obtain an alcohol evaluation and begin DUI classes even before their first court date. WHY? Yes, many times I advise my clients to obtain alcohol evaluations butt I never do it before the first court date. This sets the client up for a plea deal before the lawyer has even seen the evidence in the case.Even with a breath test score above .08 I feel that you should always file the Petition to Rescind the statutory Summary Suspension. If you don't try, you can't win. I can't tell you how many times I have prevented my clients' license from being suspended even with a high BAC score.Always file a Petition to beat the suspension.
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