"I can't understand why they're pursuing it," Mr. Vandersnick said.

A hearing on the motion for summary judgment has yet to be scheduled.

The state's case

Rock Island County State's Attorney John McGehee said he believes the Secretary of State, and not the courts, has discretion in determining whether someone is valid to drive.

Law-enforcement officers file sworn statements with the Secretary of State after a DUI arrest, Mr. McGehee said. The suspension of a person's license would take effect unless the Secretary of State received paperwork from the court saying the suspension had been rescinded.

Mr. McGehee said the Secretary of State's office would then review the person's driving record and decide whether to reinstate their driving privileges.

Records from the July 20 plea hearing say the court rescinded the suspension of Mr. Johnson's driver's license before it was set to take effect.

Mr. McGehee, however, said he believed Mr. Johnson should have waited for verification from the Secretary of State's office before getting behind the wheel.