Yesterday I had a Statutory Summary Suspension rescinded, (thrown out) based upon the Illinois State Trooper not having probable cause to believe that my client was driving under the influence of alcohol.
At the hearing, the only witness I called was the Illinois State Trooper. The police officer is the only person you want to call because probable cause is based upon what the officer knew at the time of arrest. Any physical problems should be explained to the officer before or during the tests. What is important at this hearing is what the officer knew before the arrest.
What Happened in Court:
The State Trooper testified that he followed my client’s vehicle for 3/4 of a mile. He pulled my client over because of three lane infractions, (crossing the double yellow line). The trooper testified that my client had a very strong smell of alcohol and watery eyes. My client denied drinking any alcohol and refused the field sobority tests and a breath test.
The Trooper admitted that he should have asked my client why he smelled like alcohol when my client stated he did not consume any alcohol. The Trooper also admitted that he should have also asked why my client’s eyes were watery. There was a video of the arrest. However, I decided not to show it to the court as I thought the video could only hurt our case.
The Judge found that the State Trooper did not have enough evidence to believe my client may have been driving drunk. The Court based this on only 3 lane violations is 3/4 of a mile. Further, the only indicators of intoxication was the smell of alcohol and watery eyes.
What Happened to the DUI Case:
Once the Statutory Summary Suspension (license suspension) was dismissed, I filed a motion to dismiss the entire case. After a hearing, the Court dismissed the entire case, based upon no reasonable grounds for the arrest.
