Motorcycle DUI with a BAC of .183 Dismissed
The Stop:
My Client was driving his motorcycle with his wife as a passenger. A police officer was standing on the side of the road after stopping a different vehicle. As my Client drove by the police officer, he was yelling at his wife to “shut up.” The police officer called her backup officer that was enroute to assist to stop the vehicle. The Illinois State Police stopped the motorcycle about 1 mile later.
Initial Contact:
Once my Client stopped his bike, he immediately showed balance issues and was slow to locate his driver’s license. The State Trooper states that my Client had red, blood-shot and glassy eyes. Further, that he had a very strong order of an alcohol beverage.
DUI Investigation:
My Client refused the DUI roadside tests and was placed under arrest.
DUI Breath Testing:
Although my Client refused all of the field sobority tests, he did agree to provide a breath sample at the police station. His Breath Alcohol Concentration (B.A.C.) was 0.183. The legal limit is 0.08. Therefore, he was over two times the legal limit.
Review of the Case:
When I first spoke on the telephone with the driver, I immediately identified that the only way to win the case was to challenge the Stop. This means, to show that the police had no reason to stop my Client’s vehicle.
Court Process:
Prior to the first court date, I filed a Petition to Rescind the Statutory Summary Suspension. This document seeks to stop the license suspension that comes with a DUI. Aside from trying to stop the license suspension, it also allows me to obtain he arresting officer’s testimony. This means, I get to call the police officer as a witness and learn more about the case. Moreover, police officer’s are not that prepared on this type of hearing because the hearing happens within 30 days of the arrest. Further, because it is not a trial the State does not usually prepare the officer.
Results:
The Court agreed with me that the police had no reason to stop my client’s vehicle. The Court dismissed the Statutory Summary Suspension (license suspension) and the case was dismissed. The time for the entire case to be dismissed was approximately 6 months.
