People v. ElliottAnnotate this Case
Elliott was arrested for driving under the influence, 625 ILCS 5/11-501 and given notice of the statutory summary suspension of his driver’s license. On September 1, 2009, he filed a petition to rescind the summary suspension. On October 11, the statutory summary suspension commenced. Two days later, on October 13, 2009, defendant was pulled over in another county and cited for driving on a suspended license, 625 ILCS 5/6-303. On October 19 the circuit court granted petition to rescind the statutory summary suspension. Four days later, the Secretary of State entered an order of rescission, removing the statutory summary suspension from Elliott’s driving record. Elliott sought dismissal of the pending citation for driving on a suspended license. The trial court rejected his arguments and he was found guilty of driving on a suspended license. The appellate court reversed, reasoning that rescinding the suspension is not simply terminating the suspension, but undoes the action so that it never existed. The Illinois Supreme Court reversed and reinstated the conviction, holding that rescission of a statutory summary suspension is of prospective effect only.