My Client was arrested by the Illinois State Police in Chicago, (Kennedy Expressway) and charged with Driving Under the Influence of Alcohol, Speeding, Improper Lane Usage and No Insurance. My Client’s driving, (Speeding and Improper Lane Usage, 4 seperate lane violations) was captured on the in-car police video camera as was the roadside tests.
My Client’s license was subjected to a 3-year Statutory Summary Suspension because it was his second charge of DUI within 5 years. I prevented the 3-year suspension because I filed the Petition to Rescind the Statutory Summary Suspension as soon as I was hired and the State failed to provide my Client a hearing within the 30 day time frame.
I also filed a Motion to Quash the arrest, claiming that the police officer had no reason to arrest my Client. At the hearing, the Judge ruled that there was enough reason to arrest my Client for DUI but indicated that there might not be enough reason to find him guilty of DUI. We then went immediately to a Bench Trial and the Judge found my Client NOT guilty of DUI, NOT guilty of Speeding, Not guilty of no Insurance and Guilty of improper lane usage. My Client received 4 months of Court Supervision for the Improper Lane Usage and a fine.
I approach all DUI cases the same way: 1. first stop the license suspension and 2. get the police officer’s testimony to use it against him at trial.