Forest Preserve DUI Dismissed Before Trial:
The Forest Preserve Police charged my client with a DUI. My client was riding his motorcycle on a roadway leading out of a Forest Preserve. He lost control and fell off his motorcycle and then fell into a ditch. The police officer was there within minutes and testified that he had a strong odor of alcohol on his breath. Additionally, the officer claimed that my client had a flushed red face and slurred speech. Although my client initially stated that he did not consume any alcohol, he told the paramedics that he did. He also changed his story for the police officer at the hospital. My client was placed under arrest for driving under the influence of alcohol once he was released from the hospital.
Once I was hired, I immediately filed a Petition to Rescind the Statutory Summary Suspension. Additionally, I filed a Motion to Suppress Illegally Obtained Evidence.
Hearing on the Motion to Suppress Illegally Obtained Evidence:
The first hearing was on my motion to suppress. At the hearing, I proved that the arresting officer did not have reasonable grounds to believe that my client was intoxicated. I proved this by asking the police officer questions and then being able to follow up and re-question her. During the direct examination, I was able to have the police officer build up her story. I then re-questioned her based upon her reports. This allowed me to show the court that she was not being truthful.
The Court ruled that the police officer arrested my client without giving him the opportunity to prove he was not drunk. Before the case was set for trial, it was dismissed.
Hearing on the Statutory Summary Suspension:
Additionally, based on the police officers prior testimony, the court granted my Petition to Rescind the Statutory Summary Suspension. This completely restored my client’s driving privileges, and the entire case was dismissed.
