People v. Schaefer

In these consolidated appeals, we are asked to decide when the statutory 30-day period within which a hearing must be held on a defendant’s petition to rescind the summary suspension of driving privileges commences to run.

In each of the cases, it is undisputed that the defendant’s challenge to the summary suspension of driving privileges must be heard within the statutory 30-day period, unless the delay is occasioned by the defendant, and that failure to conduct the hearing within the 30-day period violated the defendant’s due process rights. In re Summary Suspension of Driver’s License of…