3rd DUI with a B.A.C. of .16: Dismissed:
My client was arrested for her 3rd 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. The breath test reveled a Blood Alcohol Level of .16, (double the legal limit). The police officer’s in-car video recording system recorded the stop, tests and arrest.
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 stated the following. First that my client has slurred speech, blood-shot glass eyes, and was swaying when she stood. The claimed that my client 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. First by having him give more detail of how she poorly my client did on the test. I knew that the video would not support his testimony.
After the police officer’s testimony the Court watched the video. I then was able to re-cross the police officer and showed him specific video footage. Thereafter, I asked the police officer specific questions based upon the footage.
The Judge ruled that the Police Officer did not have reasonable grounds for believing that my client was under the influence of alcohol. Even through she provided a B.A.C. of .16. The Statutory Summary Suspension was rescinded, (thrown out), my client’s Illinois Driver’s License was reinstated the following day.
3rd DUI Case Dismissed Even with a B.A.C. of .16:
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.
