I just finished a DUI case in DuPage where I had the case dismissed before trial. Here are the facts. My client was in a parking lot of a bar when he backed into another car that was driving in the lot. The police were called. My client admitted to being in the bar and drinking 3-4 beers. The police officer started to perform the field sobriety tests and after the HGN test, my client refused to do any further testing. My client also refused to provide a breath sample at the police station.
I filed a motion to quash the arrest. Additionally, before the hearing was set to begin, the prosecutor informed me that they knew they could not win the case. They agreed to dismiss the case if my client performed 10 hours of DUI Risk Education. There was no fine, no plea of guilty, no statutory summary suspension, no supervision, no evualation. The case was simply dismissed.
Motion to Quash:
A motion to quash is a powerful tool to have a case dismissed before trial. I file a motion to quash on almost every case I handle because it can only benefit my client’s position. As well as possibly have the entire DUI case dismissed very quickly.
Even on a case where I feel that I cannot win on a Motion to Quash, I will still file one and have a hearing. During the hearing I question the police officer under oath. Everything they police officer says is transcribed, (written down). I am able to learn more about the case and lock the police officer into his or her story. This means, they cannot change their story later at trial.
After the motion, I obtain the written testimony of the police officer and review it when I prepare for trial. If at trial, the officer says anything different, I am able to show the court that the officer’s story is changing. I also have the opportunity to select specific questions to ask them that I anticipate that they will change their testimony.