To hold otherwise would condone the defendant's disregard of the law. This section implies a general legislative intent that suspensions shall remain in full force and effect until proven to be invalid. Accordingly, the judgment of the circuit court of Will County is reversed. I would find that the trial court was correct in holding that the rescission of a statutory summary suspension should be applied retroactively. A rescission is by definition retroactive.
Words used in a statute are to be given their plain, ordinary meaning.
I would affirm the trial court's order on that basis. I also do not agree that reversing the trial court in this matter effectuates a goal of protecting the public from the risk of impaired drivers. First, I question whether the statutory summary suspension statute effectuates the goal of getting drivers likely to commit DUI off the road particularly when the suspension does not take effect until 45 days after the individual is notified of the suspension of his or her license. Second, I question how this goal of the summary suspension statute can be effectuated in this situation where, by virtue of the rescission of the suspension, we must assume that the suspension should never have taken place. For the reasons discussed, I respectfully dissent.