(625 ILCS 5/2-118.1)
(from Ch. 95 1/2, par. 2-118.1)
Opportunity for hearing; statutory summary alcohol
or other drug related suspension or revocation pursuant to Section 11-501.1.
(a) A statutory summary suspension or revocation of driving privileges under Section
11-501.1 shall not become effective until the person is notified in writing of
the impending suspension or revocation and informed that he may request a hearing in the
circuit court of venue under paragraph (b) of this Section and the statutory
summary suspension or revocation shall become effective as provided in Section 11-501.1.
(b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section
11-501.1, the person may make a written request for a judicial hearing in
the circuit court of venue. The request to the circuit court shall state
the grounds upon which the person seeks to have the statutory summary
suspension or revocation rescinded. Within 30 days after receipt of the written request
or the first appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a local
ordinance, the hearing shall be conducted by the circuit court having
jurisdiction. This judicial hearing, request, or process shall not stay or
delay the statutory summary suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings.
The hearing may be conducted upon a review of the law enforcement
officer's own official reports; provided however, that the person may
subpoena the officer. Failure of the officer to answer the subpoena shall
be considered grounds for a continuance if in the court's discretion the
continuance is appropriate.
The scope of the hearing shall be limited to the issues of:
1. Whether the person was placed under arrest for an
offense as defined in Section 11-501, or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket, or issued a Uniform Traffic Ticket out of state as provided in subsection (a) of Section 11-501.1; and
2. Whether the officer had reasonable grounds to
believe that the person was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol, other drug, or combination of both; and
3. Whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would be suspended or revoked if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's blood alcohol or drug concentration; or
4. Whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and the test discloses an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or compound in the person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, and the person did submit to and complete the test or tests that determined an alcohol concentration of 0.08 or more.
5. If the person's driving privileges were revoked,
whether the person was involved in a motor vehicle accident that caused Type A injury or death to another.
Upon the conclusion of the judicial hearing, the circuit court shall
sustain or rescind the statutory summary suspension or revocation and immediately notify
the Secretary of State. Reports received by the Secretary of State under
this Section shall be privileged information and for use only by the
courts, police officers, and Secretary of State.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; 99-697, eff. 7-29-16.)