I was in DuPage County, Illinois this last Friday in Courtroom 4015, representing my client on a hearing on a Motion to Quash. I started the hearing by calling the Lombard Police Officer. During my initial questioning of the police officer I asked him what training he received for DUI detection and Field Sobriety Training. He responded, “training at the police academy, updated classes and refresher courses.” When I asked him when was the last time he received a refresher course, the prosecutor stated that he would stipulate (agree) that the lombard police officer was qualified.
I did not agree with the stipulation because I was not trying to prove the arresting officer was qualified, I was trying to prove he was not qualified. I asked my question again, when was the last time he received a refresher course or supplemental training. He responded, “about 12 years ago.”
Really 12 years ago? This is why the prosecutor wanted me to stipulate- – he did not want the Judge to hear that it was 12 years since the officer received his DUI training.
At this hearing, I also asked the officer the exact area where he claims the one-leg stand test and the walk-and-turn test were performed. I did this because I already went to the parking lot where the test were performed. Some areas of the parking lot are not level and have substantial potholes and cracks. Now that the officer is locked into his testimony, I will review the lot again to see the condition of the location.
The purpose of conducting a hearing on the motion to quash is to obtain the arresting officer’s testimony so I can get prepared for trial. The police officer is now locked into his account of that evenings events. I will order the court transcripts and prepare for trial.
