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 and before the hearing was set to begin, the prosecutor informed me that they knew they could not win the case and agreed dismissed 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 is simply dismissed.
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 and possible have the entire DUI case dismissed very quickly.