DUI DuPage County, 18th Judicial Circuit, Wheaton, Illinois

People v. J.Z.

Our client was an over-the-road truck driver and was charged with the offense of driving under the influence of alcohol after a Willowbrook police officer indicated that our client was stopped on the roadway and he observed the subject to have glassy, red, bloodshot eyes, slurred speech and strong odor of an alcoholic beverage on his breath. He failed all field sobriety tests and admitted to drinking. Because he was an over-the-road trucker, his ability to earn a living would have been impaired, had he plead guilty to this charge, even though it was his first DUI and the state was offering supervision. We proceeded to a contested trial and very aggressively cross-examined the arresting officer. The video tape of the entire incident was admitted into evidence by the prosecution in an effort to secure a conviction against our client. As a result of the trial, the court found our client not guilty of all charges and he was discharged. There was no conviction entered against him, nor did he have to plead guilty for court supervision. His ability to drive as an over-the-road trucker was not impaired in any way.

DUI Lake County, 19th Judicial Circuit, Waukegan, Illinois

People v. A.N.

Our client was stopped by a Lombard police officer allegedly for traveling at a high rate of speed. When stopped, the officer found out that our client’s driver’s license was expired and that his insurance was also expired. In speaking to the police officer, our client told him he was coming from a baseball game and that he had been drinking on his way to and at the game. When asked to exit the van, according to the police officer, our client walked into the middle of the street, stopped and swayed. Our client had a strong odor of alcohol on his breath, red, bloodshot, glassy eyes and failed all field sobriety tests given, according to the officer, who also stated our client could not recite the alphabet and could not count backwards from 67 to 43. According to the officer, our client told him that he only had 4 beers on the bus on the way home from the game and normally does not drive drunk. He asked the officer if he could park his car and walk home. He was told no and was placed under arrest for driving under the influence of alcohol. Our client refused to take the breath test, and the state argued that this was a consciousness of his guilt by refusing to take that test. The state offered our client supervision, and we turned down that offer and proceeded to trial. At a trial, due to the very cross-examination of the arresting officer, our client was found not guilty of the charge of driving under the influence of alcohol, did not have to complete any alcohol classes, nor did he have to obtain an evaluation. He was found not guilty on that charge.

People v. M.S.

Our client was arrested by the Highland Park Police Department for driving under the influence of alcohol. Because it was our client’s fourth DUI arrest, he was not eligible for a period of court supervision and the prosecutor’s office sought a period of incarceration. According to the Highland Park police officers, our client was weaving from side to side as the officer followed behind his vehicle, weaving over and straddling the dashed centerlines, speeding and continuing to weave side to side prior to the officer stopping him. When the officer activated his overhead lights, according to the officer, the vehicle kept driving for about one-half of a block before coming to a stop while blocking a left turn lane at an intersection. Upon approaching the vehicle, the officer noted the subject had extremely red, bloodshot, glassy eyes, and an inability to balance when exiting the car. The officer’s indicated that our client had to place his right hand on top of the vehicle in order to maintain his balance, and was swaying back and forth while standing. His speech was so slurred that at times he was not understandable. The officer said our client indicated that he was “buzzed” and could not even count from one to four. According to the officer, our client failed all of the field sobriety tests, which according to the officer, was all verified by a video tape of the occurrence. Because the prosecutor’s position was as stated above, we proceeded to a contested trial in this matter, and as a result of this trial, our client was found not guilty of the charges of driving under the influence of alcohol, in spite of the fact that the officer indicated he had a video and this tape was admitted into evidence by the prosecutor in an effort to convict our client. Our client never had to obtain an alcohol evaluation, do any classes or jail time, nor did he have his license revoked as a result of these charges. He was discharged from all offenses and found not guilty.

DUI McHenry County, 20th Judicial Circuit, Woodstock, Illinois

People v. T.D.

Our client was pulled over by a Lake in the Hills Police Officer for not having a proper light affixed to his rear license plate. The officer noted that there was a strong odor of alcohol coming from our client’s breath and vehicle. The officer also testified that our client failed all field sobriety tests and our client was charged with DUI.

At a hearing, we were able to extract from the officer that he was trained using the standards promulgated by the National Highway and Safety Administration DUI Enforcement Manual. Using this manual, we were able to force the officer to admit that all of the field sobriety tests that our client performed for the officer were invalid based on the manner in which our client was tested. The judge ruled that there was no probable cause to arrest our client for DUI and the DUI charges was dismissed by the prosecutor. The statutory summary suspension was also dismissed in this case.

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