Forest Preserve DUI Dismissed Before Trial
The Forest Preserve Police charged my client with DUI. My client was riding his motorcycle on a roadway leading out of a Forest Preserve when he lost control and fell off his motorcycle and then fell into a ditch. The police officer was there within minutes and observed him to a strong odor of alcohol, had a flushed red face, slurred speech. Although my client initially stated that he did not consume any alcohol, he told the paramedics that he did and finally admitted it to the officer when he was at the hospital. Once my client was released from the hospital, he was placed under arrest for driving under the influence of alcohol.
I immediately filed a Petition to Rescind the Statutory Summary Suspension and a Motion to Suppress Illegally Obtained Evidence.
At the hearing on the Motion to Suprpress Illegally Obtained Evidence, I was able to show the Court that the arresting officer did not have reasonable grounds to believe that my client was intoxicated. I showed this by asking the police officer questions and then being able to follow up and re-question her.
The Court ruled that the police officer arrested my client without giving him the opportunity to prove he was not drunk. The case was dismissed before the case was set for trial. Additionally, my previously filed Petition to Rescind the Statutory Summary Suspension, was granted, which completely restored my client’s driving privileges and the entire case was dismissed.