In a recent decision the Illinois Supreme Court addressed the issue whether a trial court’s decision to rescind the statutory summary suspension attendant to a DUI traffic arrest was prospective or retroactive. In People v. Elliott, 2014 IL 115308,  the Court determined that based on statutory construction of the phrase “rescind” a trial court’s determination to rescind a suspension is a prospective adjudication and thus relates to future conduct and not to prior actions/arrests. That was especially important in the context of the case before the Court, because the Defendant had been first stopped for  a DUI, with a statutory summary suspension taking affect within the time frame provided under the statute. A few days after the commencement of the summary suspension he was stopped while driving his vehicle and arrested for driving while suspended ( a conviction was entered in this case). At a subsequent hearing on the matter of his DUI related summary suspension the trial court in the DUI matter ruled in the Defendant’s favor and the suspension was rescinded. Defendant then attempted to have his conviction for driving while suspended overturned. Based on this decision such a “retroactive” use of the rescission was beyond the scope of the court’s powers and the conviction for driving while suspended was upheld.