DUI Case examples

People of the State of Illinois v. K. M.

My client was arrested by the police after he had run off the roadway, down into a ditch and up the other side of the embankment. When the officer arrived to speak with him, he allegedly had a strong odor of alcohol on his breath, blood-shot, glassy eyes, and slurred speech. He admitted to having been drinking before the accident. The client was asked to do field sobriety exercises all of which he allegedly failed. He was then transported to the police station where he took a breathalyzer test which he also allegedly failed. Since this was my client's second arrest for DUI he was not eligible for Supervision. The State was willing, in exchange for a guilty plea, to keep him out of jail so long as he had no other offenses in a one year period of time. However, if he pled guilty, he would have a conviction for DUI as well as having his license not just suspended for one year, but revoked indefinitely. We rejected the offer and proceeded to an evidentiary hearing on both the Summary Suspension of his driver's license, and a hearing on our Motion to Quash Arrest and Suppress Evidence. As a result of aggressive cross-examination, we prevailed on both matters. The court ordered the rescission of the client's license suspension, and found the arrest of the client to be illegal for lack of probable cause and suppressed all evidence against him. The State had little choice but to dismiss the case. The client was able to retain his full driving privileges, avoided a conviction, avoided having to attend alcohol classes and was not required to obtain an alcohol evaluation.

People of the State of Illinois v. M. G.

The driver was stopped by the police after allegedly crossing the center line of the road with both driver's side tires several times. After being stopped, the client allegedly had trouble retrieving his driver's license, failed to explain why he was headed toward North when he intended to go to South and admitted that he was "lost". The officer allegedly observed the driver to have blood-shot, glassy eyes and a strong odor of alcohol on his breath. The client also admitted to drinking "two beers" an hour or so earlier. The officer requested the driver to exit to perform field sobriety exercises. The driver staggered and swayed as he walked to the rear of the vehicle. The client also allegedly failed all sobriety tests. The officer then arrested the client and transported him to the station. The client refused to take a breath test. Since this was the client's second arrest for DUI, his driver's license would be revoked for an indefinite period upon conviction. We refused the State's offer of one year Conditional Discharge (probation) and went to trial. After a contentious trial before the Judge, the client was Not Guilty of DUI. The client retained his driver's license. He thus avoided a minimum three year wait to reinstate his driving privileges. The client received Supervision for Improper Lane Usage. He was fined $100.00.

People of the State of Illinois v. W. H.

My client was stopped by the police after allegedly crossing the center line of the road with both driver's side tires twice. After being stopped, the officer allegedly observed the driver to have blood-shot, glassy eyes and a moderate odor of alcohol on his breath. The client also admitted to drinking "two beers" an hour or two earlier. The officer requested the driver to perform field sobriety exercises, all of which he allegedly failed. The officer then arrested the client, and after transporting to the station had him perform a breath test which the client also allegedly failed. He was charged with two counts of DUI and Improper Lane Usage. This being the client's second arrest for DUI he was not eligible for Supervision. The best the State could offer was a one year conditional discharge which would have allowed the client to avoid jail time, but would have ended in a conviction for DUI. My client would also have had to obtain an alcohol evaluation, attend alcohol classes, both at his own expense, and would have had his license suspended for one year as well as being revoked until such time as he could through a separate proceeding, have his driving privileges reinstated. We rejected the State's offer and proceeded to hearing on the suspension of the client's license. We also filed a Motion to Quash Arrest and Suppress Evidence. After a contested hearing, we prevailed on both the suspension and on the Motion to Quash and Suppress. The court ordered the client's license suspension rescinded, and granted our motion suppressing the evidence. The State declined to proceed further on the DUI charges for lack of evidence. The client was able to avoid all charges except for Improper Lane Usage for which he received Supervision.

People of the State of Illinois v. J. M.

My client was found asleep in his vehicle, parked in a lot with the engine running, his lights on and a shredded front tire. After being awakened, the officer allegedly observed the driver to have blood-shot, glassy eyes and a strong odor of alcohol on his breath. When asked what had happened to his tire, he replied that he didn't know, he was on his way home from a bar. When asked to exit his vehicle, he allegedly lost his balance and staggered to the rear of the vehicle. The officer requested the driver to perform field sobriety exercises, all of which he allegedly failed. The officer then arrested the client, and after transporting to the station asked him perform a breath test which the client refused, but consented to a blood test. After the blood test, the client was charged with two counts of DUI, No Valid Insurance, and Driving Without a License. This was the client's fourth arrest for DUI. The State's Attorney was seeking just under one year in jail and would. have ended in a conviction for DUI. My client would also have had his license revoked until such time as he could through a separate proceeding, have his driving privileges reinstated. We rejected the State's offer and proceeded to hearing to Rescind the Suspension of the client's license. We also filed a Motion to Quash Arrest and Suppress Evidence. We prevailed on both issues before the Judge. The court ordered the client's License Suspension Rescinded, and granted our Motion Suppressing the Evidence. The State declined to proceed further on the DUI charges for lack of evidence. The State also dismissed all other charges against the client and he also retained his license.

People v. L.V.

The driver of a vehicle traveling 65mph in a 45mph zone at 3:00 a.m. was stopped by the police. The officer also allegedly saw the driver weave over the dividing line into the oncoming lane. After asking his destination, the driver told the officer that he was on his way to the nearby riverboat casino. The officer allegedly observed the driver to have blood shot glassy eyes and a very strong odor of alcohol on his breath. Despite his denial of having anything to drink, the driver allegedly failed all field sobriety tests, including a Preliminary Breath Test at the scene. The Officer arrested the driver and he refused further breath tests at the station. This was the client's second arrest for DUI, so his driver's license would be revoked for an indefinite period if convicted. We refused the State's offer of one year Conditional Discharge (probation) and went to trial. After a contentious trial before the Judge, the client was found Not Guilty of DUI. He thus not only avoided a conviction, but also retained his license to drive. The client received Supervision for Improper Lane Usage, and was fined $100.00.

People v. J.O.

My client was arrested by the police after having crashed into a parked car on a residential street. The crash was so severe that two of the three passengers was injured and the airbag deployed. When the officer arrived, the ambulance was treating the injured. Upon speaking to the client, the officer allegedly detected a strong odor of alcohol on the driver's breath, blood-shot, glassy eyes, and slurred speech. The driver admitted to having been drinking before the accident. The client was asked to do field sobriety exercises all of which she allegedly failed. This was the client's first arrest for DUI. The State's Attorney was offering one year supervision (which is not considered a conviction), alcohol education classes, fines and court costs. The client's license was to be suspended for six months. The client insisted that she was not Driving Under the Influence of Alcohol. Thus, we rejected the State's offer and proceeded to a hearing to Rescind the Suspension of the client's license. We also filed a Motion to Quash Arrest and Suppress Evidence. After a vigorous hearing, we prevailed on both issues. . The court ordered the client's License Suspension Rescinded, and granted our Motion To Suppress the Evidence. The State declined to proceed further on the DUI charges for lack of evidence. The client avoided having to pay fines and court costs, alcohol classes, one year of supervision and kept her driver's license.

Drug Cases

State v. A.C.

My client was stopped by the police for speeding 45mph in a 35mph zone. While speaking to the driver, the officer saw what he thought was a tiny piece of a burned cigarette paper on the seat of the vehicle. He allegedly suspected that it was a small "roach". The officer had the driver exit the vehicle while the officer performed a search of the interior. Subsequently, he allegedly found approximately 2 grams of a "controlled substance". The officer placed the driver under arrest and after questioning at the station, the driver allegedly admitted to possession of the substance. The client was charged with Possession of a Controlled Substance and Forfeiture proceedings were brought against her car since that's where the alleged drugs were found. After being retained by the client, we filed a Motion To Quash Arrest and Suppress Evidence. After several months of wrangling with the State's Attorney, and the Judge, all criminal charges were eventually dropped. The Forfeiture proceedings, however, were still at issue. Since the client's car was only a few years old, and was fully paid for, the client faced losing many thousands of dollars. At a hearing before the Judge, aggressive cross examination of the police officer, allowed us to prevail. The State's Attorney, however, filed a Motion to Reconsider. After a spirited second hearing before the Judge, we again prevailed. The State's Attorney's office decided not to appeal, and the Court issued an order for the Police to return the car to the very happy client.

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