Illinois Compiled Statutes 625 ILCS 5/2-118.2 – Opportunity for hearing; cannabis-related suspension under Section 11-501.9
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(a) A suspension of driving privileges under Section 11-501.9 of this Code shall not become effective until the person is notified in writing of the impending suspension and informed that he or she may request a hearing in the circuit court of venue under subsection (b) of this Section and the suspension shall become effective as provided in Section 11-501.9.
(b) Within 90 days after the notice of suspension served under Section 11-501.9, 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 The request to the circuit court shall state the grounds upon which the person seeks to have the suspension rescinded. Within 30 days after receipt of the written request or the first appearance date on the Uniform Traffic Ticket issued for a violation of Section 11-501 of this Code, 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 suspension. The hearing 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 officer had reasonable suspicion
(b) Within 90 days after the notice of suspension served under Section 11-501.9, 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 The request to the circuit court shall state the grounds upon which the person seeks to have the suspension rescinded. Within 30 days after receipt of the written request or the first appearance date on the Uniform Traffic Ticket issued for a violation of Section 11-501 of this Code, 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 suspension. The hearing shall proceed in the court in the same manner as in other civil proceedings.
Terms Used In Illinois Compiled Statutes 625 ILCS 5/2-118.2
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Continuance: Putting off of a hearing ot trial until a later time.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Subpoena: A command to a witness to appear and give testimony.
- Venue: The geographical location in which a case is tried.
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 officer had reasonable suspicion
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to believe that the person was driving or in actual physical control of a motor vehicle upon a highway while impaired by the use of cannabis; and
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(2) Whether the person, after being advised by the
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officer that the privilege to operate a motor vehicle would be suspended if the person refused to submit to and complete field sobriety tests or validated roadside chemical tests, did refuse to submit to or complete field sobriety tests or validated roadside chemical tests authorized under Section 11-501.9; and
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(3) Whether the person after being advised by the
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officer that the privilege to operate a motor vehicle would be suspended if the person submitted to field sobriety tests or validated roadside chemical tests that disclosed the person was impaired by the use of cannabis, did submit to field sobriety tests or validated roadside chemical tests that disclosed that the person was impaired by the use of cannabis.
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Upon the conclusion of the judicial hearing, the circuit court shall sustain or rescind the suspension 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.