We have successfully rescinded a statutory summary suspension for one of our clients who was charged with driving under the influence of alcohol. Upon arrest, our client was issued a notice of summary suspension for allegedly having a blood alcohol concentration above 0.08 while operating a motor vehicle upon a public highway. Our client’s driving privileges were set to become suspended forty-six days thereafter and the suspension was set to last for one year.
Upon being retained by our client, our attorneys filed a petition to rescind the statutory summary suspension and set that petition for hearing prior to the effective date of the summary suspension. On that hearing date, one of our attorneys successfully argued that our client was not operating a motor vehicle upon a public highway and obtained an order granting our petition and rescinding the statutory summary suspension. As such, our client was able to avoid a one year suspension of his driving privileges.