Prosecutor? Mine happened on private property and my attorney is reluctant to file the petition to rescind SSS because he says the don't all get sent. I dont agree nor believe that. I'm going to fire him and I just hired him.
What? It does not matter if your attorney files a Petition to Rescind. It is up to the officer to send the paperwork into the Sec. Of State Office. Your attorney really needs to file a Petition to Rescind right away. If he will not, you should hire someone that will and right away.
The officer, not the prosecutor, is supposed to send a copy of the sworn report to the Secretary of State, which triggers the summary suspension. While sometimes they do fall between the cracks, they are typically submitted and processed. Your attorney may have a strategy and there could be a misunderstanding. I would just ask for clarification.
It’s the police officer’s job. If the SSS has not been sent in there is nothing to rescind. Let him do his job.
