Spring Grove, IL DUI Appeals

After you lose a hearing to throw out the suspension, you can appeal the decision to the Second Appellate District Court.  Recently we had a driver arrested by Spring Grove, IL Police Department who never refused to take the breathalyzer.  The officer asked the driver to take the breathalyzer but my client would only ask more questions about DUI law.  What really helped matters was that my client wasn’t drunk at the time, so his questions were thoughtful, although they were a little repetitive.  The officer never said, “Listen, if you don’t take the breathalyzer now I am going to treat this as a refusal.” he merely kept asking my client to take the breathalyzer.

After about an hour, my client asked to take the breathalyzer, and the officer refused to give it to him because he said the time had past for him to take it.  In our appeal, we are asking the Appellate court to reverse the McHenry County Judge’s decision, and rescind the statutory summary suspension.  This just goes to show that you don’t have to accept the ruling of the judge, you can get the ruling reviewed.