A driver may request a judicial hearing to challenge a summary suspension within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges. Legally, only four issues may be conside
- Whether the person was properly arrested;
- Whether there were reasonable grounds to believe at the time of arrest that the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs;
- Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing; and
- Whether, after being advised of the summary suspension, the driver submitted to chemical testing that showed a BAC of .08 or greater or any trace of cannabis, a controlled substance and/or intoxicating compounds.
The summary suspension is rescinded if the court rules in favor of the driver. The result of the hearing is entered on the driver's record.
| About 15 percent of the 50,147 Statutory Summary Suspensions processed in 2004 were rescinded, compared to 14 percent in 2002. |
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