People v. McClure

Defendant Joseph McClure was arrested and charged with driving under the influence of alcohol. Because he refused chemical testing, his driver’s license was summarily suspended. He timely filed a petition to rescind the summary suspension but then withdrew the petition. Nearly one year later he refiled the petition to rescind his suspension. The trial court dismissed the petition as untimely. McClure appealed. We reverse and hold that a driver who voluntarily withdraws a timely filed petition to rescind a summary suspension may refile the petition within one year after the dismissal pursuant…