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People v. Elliott

Supreme Court of Illinois

January 24, 2014

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant,
v.
DAVID K. ELLIOTT, Appellee

Appeal from the Appellate Court for the Fifth District.

Appellate court judgment reversed. Circuit court judgment affirmed.

SYLLABUS

Rescission of the statutory summary suspension of a driver's license is not retroactive and does not preclude a motorist who drives on a suspended license from being convicted of that offense if he does so before that rescission is entered.

For People State of Illinois, APPELLANT: Ms. Rebecca E. McCormick, State's Attorneys Appellate Prosecutor, Mt. Vernon, IL.; Mr. Joshua M. Schneider, Assistant Attorney General, Chicago, IL.; State's Attorney, Perry County, Perry County Courthouse, Pinckneyville, IL.

For David K. Elliott, APPELLEE: Mr. Edward W. Unsell, Attorney at Law, East Alton, Il.; Mr. Donald J. Ramsell, Ramsell & Associates, L.L.C., Wheaton, IL.; Ramsell & Associates, Attorney at Law, L.L.C., Wheaton, IL.

JUSTICE THOMAS delivered the judgment of the court, with opinion. Chief Justice Garman and Justices Freeman, Kilbride, Karmeier, Burke, and Theis concurred in the judgment and opinion.

OPINION

THOMAS, JUSTICE

Page 24

Defendant, David Elliott, was convicted of driving on a suspended license (625 ILCS 5/6-303 (West 2008)). He appealed, arguing that the conviction was improper because the statutory summary suspension upon which it was based had been rescinded. The appellate court agreed and vacated defendant's conviction. 2012 IL App (5th) 100584, 978 N.E.2d 742, 365 Ill.Dec. 487. We now reverse the appellate court and reinstate the conviction.

BACKGROUND

On August 26, 2009, defendant was arrested in Jackson County for driving under the influence (625 ILCS 5/11-501 (West 2008)). In connection with that arrest, defendant was also given notice of the statutory summary suspension of his driver's license (625 ILCS 5/11-501.1 (West 2008)). On September 1, 2009, defendant filed a petition to rescind the summary suspension.

On October 11, 2009, defendant's statutory summary suspension commenced. Two days later, on October 13, 2009, defendant was pulled over in Perry County and issued a citation for driving on a suspended license (625 ILCS 5/6-303 (West 2008)).

On October 19, 2009, the circuit court of Jackson County entered an order granting defendant's petition to rescind the statutory summary suspension. Four days later, on October 23, 2009, the Illinois Secretary of State entered a notice and order of rescission, thereby ...


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