Directed Verdict gets case dismissed.
I represented a person on a DUI charge at the Daley Center, Room 406, where I had his DUI case thrown out of court. I say thrown out because the judge granted us a “directed finding.” A directed finding means that after the State’s Attorney finished presenting the case, the Judge decided that there was not enough evidence for us to have to respond to.
My client was arrested in a Burger King parking lot. Another motorist called the police on him and another motorist (possible the same motorist) waived down a police car and directed him to my client. The police approached my client and observed a strong odor of alcohol, blood shot and glassy eyes, difficultly in my client keeping his balance and difficult in him retrieving his driver’s license. The police arrested him and he refused to perform any field sobriety tests.
I started the case by filing a Petition to Rescind the Statutory Summary Suspension. At the hearing on my petition I had the first Chicago Police officer admit that he had no experience with DUI and field sobriety testing. I also had the officer admit that my client’s vehicle was parked in an orderly manner- – properly in the parking lot with equal space between the parking lot lines. I also had the first officer admit that although he saw my client exit the vehicle from the driver’s door, he did not see my client actually sitting behind the steering wheel. The first officer admitted that he did not inform the second Chicago Police officer of these facts.
The second Chicago Police officer testified that when he asked my client if he wanted to perform field sobriety tests he said “are you crazy.” However, at the trial, a few hours later, the officer testified that my client said “are you crazy” when he was in the police station and the officer asked him to submit to a breath test. This difference was enough. The Judge granted a directed finding. This means that, aside from the cross-examination that I did, I and my client did not have to present out side of the story.
