What happens after a DUI is dismissed? 2 Answers as of November 26, 2014

Does the summary suspension go away? Will I have to do a formal or informal hearing? I have one previous conviction 6 years ago. State of arrest IL.

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Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
You will have a permanent record of the statutory Summary suspension on your driving record unless you file a Petition to Rescind the SSS. This is a civil motion, which the judge can grant or deny. If granted, your record on this violation in its entirety should be removed, assuming you were found not guilty of the DUI, or the matter was dismissed outright before a trial. The grounds for succeeding at the SSS hearing are difficult to prove, and the burden of proof is on you to prove whatever ground you are proceeding on. If unsuccessful, you will have that suspension on your record permanently. Also note that you will have a record of the DUI if granted supervision on the DUI.
Answer Applies to: Illinois
Replied: 11/26/2014
The Law Offices of Harold L. Wallin | Harold L. Wallin
The summary suspension with only go away if it has been rescinded independently of the DUI being dismissed. If your license is currently revoked you will need a hearing, otherwise you just need to pay a reinstatement fee.
Answer Applies to: Illinois
Replied: 11/25/2014
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