People v. Miklos

Defendant, Alexander Miklos, was arrested for driving under the influence (625 ILCS 5/11 — 501(a)(2) (West 2006)). He filed a petition to rescind his summary suspension. A hearing was scheduled 22 days later but was continued until the appearance date on defendant’s ticket, 8 days after defendant’s statutory summary suspension began. Defendant filed a motion to dismiss, which the trial court granted. We hold that section 2 — 118.1(b) of the Illinois Vehicle Code (625 ILCS 5/2 — 118.1(b) (West 2006)) allows a hearing on a defendant’s summary suspension to take place on defendant’s appearance…