On November 1, 2013, I represented a client on a charge of DUI in DuPage County, (Room 4015). The case was set for trial. The case involved a DUI that occurred in the City of Lombard. I was able to have the case dismissed just minutes before the trial was to start.
Here are the facts of the case: My client left a strip-mall at 5:00 a.m. where there were a few stores and a bar/restaurant. All of the stores and bar/restaurant were closed. The Lombard police officer was parked watching traffic when she saw my client’s truck start up and leave the parking lot. She followed my client for 1 mile and stopped my client for speeding 35mph in a 25mph zone.
My client performed all of the DUI tests (field sobority tests) and failed each one of them. She told the officer that she drank two glasses of wine and stopped drinking at 11:30 p.m. and that she was at the bar/restaurant with friends, one of whom included the owner of the establishment.
My client did not mention to me that she felt the payment was uneven. In getting ready for trial, I met her at the place where she started driving to where she was stopped. I often meet with a client to review the location of arrest. By personally going to the location of the arrest, I am able to learn things about the case that I would not otherwise learn from the police reports. The parking lot where she performed the field sobority tests had cracks running thoughout the lot. The lot was recently re-coated and had newly painted parking lines on it so it looked fine, but in person, you could see the defects.
After showing the pictures to the prosecutor, (I usually do not do this bacause it allows them to get ready) the prosecutor dismissed the DUI charge and my client plead guilty to speeding 1-10 mph over the limit. The DUI case was dismissed.
The prosecutor realized that the DUI tests were not valid because the payment was uneven and cracked and agreed to dismiss the DUI case if my client plead guilty to speeding 35mph in a 25mph.
I was able to have this DUI case dismissed only because I took the time and personally saw the location where the DUI roadside tests were performed.
