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DUI License Suspension On Private Property


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People v. Relwani, 2019 IL 123385 (January). Episode 582 (Duration 10:18)



You Can’t Be Suspended On Private Property: How To Prove A Private Property Recession of Suspension.







Here’s the lower court opinion.



People v. Relwani, 2018 IL App (3d) 170201 (February). Episode 471 (Duration 7:01)







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In this Illinois DUI prosecution, Defendant loses his SSS hearing because he didn’t establish the Walgreen’s parking lot was privately maintained.



Gist



Defendant lost his motion to rescind statutory summary suspension because he needed to say something about the private nature of the Walgreen’s parking lot.




Illinois DUI Resource Page
Check out the Illinois DUI Resource Page
to learn more about DUI in Illinois.





Facts



Defendant was asleep in the driver’s seat of his vehicle in the parking lot of a Walgreens drug store in Joliet, Will County, Illinois. Defendant was the only person in the vehicle at the time. The keys to the vehicle were in the ignition, and the engine was running.



Police officers approached the vehicle, woke defendant, and subsequently arrested defendant for DUI.



No Fields



After defendant was arrested, he was taken to the police station, where he allegedly refused to submit to some form of chemical testing. Defendant’s driver’s license was later summarily suspended by the Secretary of State.



The Private Parking Lot Rule



Defendant contends further that the State did not present any evidence in this case to show that defendant was observed driving on a public street or ...
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