3rd DUI with a B.A.C. of .16: Dismissed:
My client was arrested for DUI. This was her third arrest for DUI. She was stopped by the police for having an expired license plate and crossing the center line on North Avenue (Route 38). She performed all of the field sobriety tests asked of her and then was arrested. At the police station she submitted to a breath test which reveled a Blood Alcohol Level of .16, (double the legal limit). The stop was all video’s from the police officer’s in-car video recording system.
1st Step to Winning:
I started the case by filing a Petition to Rescind the Statutory Summary Suspension. Although it did not look like the Petition would go anywhere, you never know. At the Statutory Summary Suspension hearing the police officer testified that my client has slurred speech, blood-shot glass eyes, was swaying when she stood and failed the Walk and Turn Test, the One Leg Stand Test as well as other tests.
During examination of the police officer, I had him testify as to what occurred before I played the video. As most police officer do during direct examination, he exaggerate how poorly my client performed. I took advantage of his exaggerations by having him give more detail of how she poorly my client did on the test, knowing that the video would unlikely support his testimony.
After the police officer’s testimony and after watching the video, I was able to re-cross the police officer and showed him specific video footage and asked him specific questions based upon the specific footage.
The Judge ruled that the Police Officer did not have reasonable grounds for believing that my client was under the influence of alcohol despite her providing a B.A.C. of .16 (after the stop at the police station). The Statutory Summary Suspension was rescinded, (thrown out), my client’s Illinois Driver’s License was reinstated the following day.
The case was continued for 1 month and when I returned, I was going to file a Motion to Quash the Arrest, (a motion to throw out the criminal part of the case based upon the Judge already deciding that the police officer had no reason to arrest my client). The prosecutor saw that I was going to win and dismissed the DUI and the improper lane usage. My client plead guilty to expired registration (expired license plate) and was given Court Supervision and a $120.00 fine.