Supreme Court of Illinois

In the matter of an arrest for driving under the influence of alcohol, dismissal of defendant's petition to rescind his statutory summary suspension as untimely is reversed where: 1) under the Code of Civil Procedure, a voluntarily dismissed action may be refiled within one year; and 2) since proceedings on summary suspensions are civil in nature, rather than criminal or administrative, these statutory provisions allowed this driver to refile his request within one year.

Appellate Information

• Decided 01/20/2006
• Published 01/20/2006

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, and Stewart J. Umholtz, State's Attorney, Pekin (Gary Feinerman, Solicitor General, Linda D. Woloshin, Christina M. Schlect and Leah C. Myers, Assistant Attorneys General, Chicago, and Norbert J. Goetten, Lawrence M. Bauer and Joe Mikula, of the Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.


• For Appellees:
  
• Kevin F. Sullivan, Peoria, for appellee.