People v. McClure

Chief Justice Thomas and Justices Freeman, McMorrow, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION

The central issue before us is whether the savings provision set forth in section 13 — 217 of the Code of Civil Procedure (Civil Code) (735 ILCS 5/13 — 217 (West 2002)) serves to toll the limitations period set forth in section 2 — 118.1(b) of the Illinois Vehicle Code (625 ILCS 5/2— 118.1(b) (West 2002)), such that a driver who voluntarily withdraws a petition to rescind a statutory summary suspension of a driver’s license may refile the petition within one year.…