A History of Success
Vehicle Stuck in Winter Conditions in Parking Lot Following One Beer Not DUI (DeKalb County)
Client had a beer at lunch with an old friend before taking him home and parking in a parking spot in the snow- and ice-covered parking lot. The client returned to his vehicle an hour later to find that it was stuck in the snow, and he could not back out. Client called a tow company and while awaiting a tow company, three officers arrived based on an anonymous call. Two officers claimed that Client had struck the building with his vehicle, which Client repeatedly denied. Officers had client perform standardized field sobriety tests in sub-zero temperatures in the very parking lot in which his vehicle was stuck, despite not smelling any alcohol on Client, nor noticing any speech issues. Client’s admission to a single beer earlier in the day and his performance on the field sobriety tests were insufficient to prove him guilty beyond a reasonable doubt. Jury returned a verdict of Not Guilty of driving under the influence.
Damaged Vehicle and Lackluster Investigation Insufficient for DUI Client was observed driving with a broken taillight and pulled over in the driveway of his home. Officers observed an odor of alcohol on his breath and Client admitted to having two beers approximately two hours ago. Client also admitted that he had taken a prescription hydrocodone two to four hours prior. Additionally, officers observed an empty Modelo bottle in a box of garbage in the back seat of the vehicle. Client was asked to do standardized field sobriety tests and advised he has neck and back problems and was in pain currently. Despite this, officers began administering the tests in a gravel driveway before moving to the paved street where Client declined further testing. At that time, Client was given non-standardized testing and ultimately arrested for DUI alcohol and DUI combination of drugs and alcohol. Court held that the evidence was not sufficient for probable cause for a DUI arrest, let alone proof beyond a reasonable doubt. Client found Not Guilty of DUI and Illegal Transportation of Alcohol.
Texting, Brief Departure from Lane, and Minimal Observations Not Sufficient Client was pulled over for improper lane usage when she briefly left her lane of travel crossing the fog line. She advised that she had been texting on her phone and apologized. The officer observed red, glassy eyes, slurred speech, and an overwhelming odor of alcohol coming from Client. Client denied consuming any alcohol earlier in the evening. When asked to complete standardized field sobriety tests, Client declined and was arrested for DUI. She later declined to submit to a breathalyzer at the police station. The State failed to provide sufficient evidence to prove its case beyond a reasonable doubt and Client was found Not Guilty of DUI.
Expert Testimony on Field Sobriety Tests Dooms Specialized DUI Enforcement Client was heading home from a restaurant and was pulled over for a registration light being out. The officer was on a DUI hire back detail at the time and was specifically looking for impaired motorists. The officer had hunted the Client’s vehicle down after seeing it leave an area of bars and restaurants later that evening. Client answered the questions of the officer appropriately and advised he had consumed a few beers. Client agreed to do standardized field sobriety tests despite having a nerve issue in his left foot that caused him discomfort. Following the tests, Client was arrested for DUI and later refused to submit to a breathalyzer. An expert on standardized field sobriety tests testified at trial that the officer failed to adequately administer the tests. As a result, the State failed to meet its burden of proving Client guilty of DUI beyond a reasonable doubt and Client was found Not Guilty of DUI.
Vindictive Spouse’s False Driving Complaint and Officer’s Observations Insufficient for DUI (DeKalb County)
Client’s spouse was upset and called in a false driving complaint claiming on Client. Spouse claimed to be directly behind Client who was all over the road but was in fact at home at the time. Based on the driving complaint the officer relocated his squad to intercept the subject vehicle. He observed no traffic violations in the half mile of following Client. Client made multiple lawful turns using turn signals and stopped appropriately at a stop sign. During the traffic stop the officer observed an odor of alcohol coming from the vehicle, bloodshot eyes, and heavy eyelids. Client admitted to consuming some alcohol, but hours prior. Client exited the vehicle with no issue and agreed to perform standardized field sobriety tests. Following the tests, Client was arrested for DUI and transported to the police station where he declined a breath test. The court having heard the officer’s testimony and watching the squad video held that the State failed to meet its burden of proof beyond a reasonable doubt. Client was found Not Guilty of DUI and Improper Lane Usage.
Misidentification in Public Indecency and Misidentification Leads to Not Guilty (Kane County)
A woman was walking her down one afternoon by the Fox River when a person stepped out from behind an obstruction and exposed himself while masturbating. The woman called police on the non-emergency line and reported the incident. At this time Client walked by the woman on her phone as he crossed the river. The woman misidentified Client as her assailant prompting police to stop him blocks later. The woman described her assailant in multiple distinctly different manners to police such as having curly hair and being bald. She also advised dispatch that she could not be sure the man on the bridge was the assailant. Despite this she told officers who pointed out Client during a show up that he was the assailant. At trial the woman described her assailant as having short hair, wearing a hat, sunglasses, and a coat. She was adamant in her descriptions claiming to have “hyper focused” on the details of her assailant. At the close of the State’s evidence, the woman had given approximately four different descriptions of her assailant and the court found no merit in the validity of her identification. Client was found Not Guilty of Public Indecency and Disorderly Conduct as a result of the misidentification.
Traffic Stop and Minimal Observations Insufficient to Prove DUI (DeKalb County)
Client was pulled over for a traffic stop when the investigation was handed over to an officer on a special DUI detection detail. The new officer observed a strong odor of alcohol on Client’s breath, bloodshot, glassy eyes, and speech that at times was thick-tongued. Client denied consuming alcohol. Upon exiting her vehicle Client showed signs of consumption of alcohol, but not high levels. Additionally, she completed the walk and turn and one leg stand tests despite having injured foot due to a recent surgery. Her performance on the walking and one leg stand test suggested to the officer that she may be impaired. Ultimately, she was arrested for DUI. Following her arrest, Client refused to provide a breath sample. At trial, the court observed Client’s mannerisms, speech, and performance on the field sobriety tests through the squad video, noticing some inconsistencies in the officers assessment of Client. At the close of the State’s evidence, the State failed to meet its burden beyond a reasonable doubt and Client was found Not Guilty of DUI.
Single Vehicle Rollover and Possible Hit and Run Insufficient for DUI (DeKalb County)
A dispatch went out in the early morning hours involving a motor vehicle striking a parked car. Around the same time, Client was driving home when he fell asleep, struck a parked vehicle rolling his vehicle on its side. Client was able to pull himself out of his vehicle and sat on the curb awaiting police and paramedics. Upon their arrival paramedics cleared Client as alert and oriented with on injuries. Officers observed Client to have an unsteady gait, strong odor of alcohol, and droopy eyelids. Client’s performance on the standardized field sobriety tests showed signs of possible impairment. At trial, the State was unable to substantiate the officers belief that both accidents were committed by Client. Furthermore, upon observing the field sobriety tests and Defendant’s demeanor during the traffic stop, the Court held that the State’s evidence was insufficient to prove Client guilty. Client was found Not Guilty of DUI and all accompanying traffic tickets.
Stiff Drinks and Field Sobriety Tests Not Enough (DeKalb County)
Client was initially seen weaving within her lane and pulled over for a traffic stop. She admitted to consuming two “pretty stiff” alcoholic beverages hours prior and performed poorly on her standardized field sobriety tests. She admitted that her drinks influenced her performance on the tests but did not believe that they affected her ability to drive. Further, the officer testified that Client advised that she felt like she was slightly over the legal limit. Upon arriving at the police station, Client refused the breath test. The officer’s observation of bloodshot eyes, mumbled speech, her performance on field sobriety tests, and her admissions were insufficient to prove Client guilty of driving under the influence of alcohol. Jury returned a verdict of Not Guilty.
Wide Turn and Field Sobriety Tests Insufficient to Convict CDL Driver (DeKalb County)
Client was heading home when his wife called and needed a ride. Client turned around in a church parking lot and made a wide turn getting back onto the road. He was pulled over and submitted to some of the field sobriety tests. Officer smelled an odor of alcohol on Client’s breath and observed bloodshot glassy eyes and slurred speech. Client advised that he had spread out his drinks throughout the night because he had a CDL and knew he couldn’t drink and drive. Client was arrested following his refusal to complete all tests and upon request declined a breath test at the police station. Video and audio footage from the squad camera showed clear speech and normal gait on the scene. Footage also corroborated Client’s statements regarding his CDL and his livelihood. Jury returned a verdict of Not Guilty of driving under the influence.
“Hot Laps” Around Town and Observations Not Enough for DUI (DeKalb County)
Client was pulled over after an officer observed his vehicle cross over lane line at a perceived high rate of speed. Officer observed bloodshot, watery, glassy eyes, dilated pupils, droopy eyelids, slurred speech, and a strong odor of alcohol. Additionally, he observed client’s poor dexterity and slow, deliberate movements. Client denied consuming any alcohol that evening and refused standardized field sobriety tests. Client was arrested and transported to the police department where he was asked to say the alphabet from D to Q. Client said D to Z. Client was offered a breath test to which he declined. Ultimately, court considered the totality of the evidence and determined that the State had failed to meet its burden of proof. Client was found Not Guilty of DUI.
Single Vehicle Accident and Minimal Observations Insufficient for DUI (DeKalb County)
Police were called to the scene of a single vehicle accident where a truck ran off the road, hit a railroad trestle support and bending it before coming to a stop in the ditch. Passerbys approaching the accident site observed Client in cab of vehicle and aided his extraction. Officers spoke with the passerbys while Client was checked out by EMTs. The passerbys did not see the accident and observed only an odor of chewing tobacco when next to Client. Likewise, EMTs failed to notice any odor of alcohol in treating Client. Officers followed Client to the hospital where he was treated in the emergency room. During his ER treatment, officers performed the horizontal gaze nystagmus (HGN) test while Client was laying flat of his back in a neck brace. Client denied consuming alcohol and had no recollection of the accident; however, Client denied driving the vehicle. No keys were found on Client and a registration check was never ran on the vehicle. At trial the State failed to establish evidence connecting Client to operating the vehicle. Additionally, the officer’s observations of Client consisted of possible slurred speech, bloodshot, glassy eyes, and the HGN test. At the conclusion of the evidence, the State failed to meet its burden on either element of DUI – Client found Not Guilty!
TEENAGER ON CELLPHONE IN ACCIDENT, NOT GUILTY OF DRUG DUI
Client was a teenager heading home from his friend’s house late one evening when he received an alert on his cell phone. Client looked down momentarily to his phone and upon looking up he was proceeding straight through a roundabout intersection. Client hit a curb and snapped the axle on his vehicle but was uninjured. Police arrived on scene to find Client searching for items he tossed out of his vehicle while trying to locate his cellphone. Client spoke with officers and appeared disoriented and unsteady. He performed both standardized and non-standardized field sobriety tests. Officers observed no odors and a preliminary breath test ruled out alcohol. Client admitted to smoking cannabis the previous morning with friends but advised he had not ingested any other drug or substance. Officers arrested Client for DUI Drugs. At trial, the arresting officer with specialized training in drugged driving detection, opined that he believed client was under the influence of a central nervous system depressant. However, no pills, drugs, or other illegal items were recovered on scene and there was no evidence to connect Client’s unsteady, disoriented appearance to the consumption of an illegal substance. Ultimately, the court believed Client to be unsafe on the roadway, but the State was unable to prove beyond a reasonable doubt that he was under the influence of a drug at the time. Client was found Not Guilty of DUI!
Clients Found Not Guilty of Disorderly Conduct Following Neighborhood Dispute
Teen was speeding through residential neighborhood when Client yelled for him to slow down. Teen returned minutes later and sped towards Client who had stepped into the roadway to flag down the teen to ask him to slow down again. Client had to dive out of the way from being hit by teen, who stopped and confronted Client before retreating to his truck. Second Client and fellow neighbors approached the truck and asked to speak with the teen who called 911 claiming he was being attacked. Clients and neighbors backed away from the truck and awaited police who later arrested Clients for disorderly conduct. At trial the judge determined the teen was not only not credible, but also the only one exhibited disorderly behavior. Both Clients found Not Guilty of disorderly conduct.
Minor Traffic Offenses and Observations Insufficient for DUI
Client was leaving a bar where she had been playing in her weekly dart league and consumed one beer. After leaving the bar a squad began following her vehicle and observed her make a shallow turn and briefly cross the line. Further down the road the squad observed Client change lanes early into a turn lane thereby briefly cross the line. Client used her turn signal for each turn and for lane changes and no other traffic offenses were observed. Client was pulled over for the minor traffic infractions and spoke with the officer. Client admitted to having one beer during her dart league and declined to perform the field sobriety tests. She was arrested and taken to the police station where she declined a breathalyzer. After weighing the totality of the evidence, the court found the State failed to meet its burden of proof beyond a reasonable doubt and Client was found Not Guilty of DUI.
Angry Father Pushing Past Wife to Confront Officer Insufficient for Domestic Battery
Client arrived at the site of a motor vehicle accident involving his son and a verbal altercation with the officers on scene occurred. Client and police had a longstanding contentious relationship prior to this incident. In the heat of the argument, Client’s wife stepped in between Client and officers in an attempt to deescalate the argument. Client pushed past his wife and continued to argue with officers. Officers signed a complaint for domestic battery despite the wife’s insistence that she was not insulted or provoked by Client’s actions. Jury originally found Client guilty of Domestic Battery; however, on appeal the case was reversed and Client was found Not Guilty as evidence overwhelmingly favored Client’s innocence.
Boots, Bad Knees, and Winter Winds Inconclusive for DUI (DeKalb County)
Client had returned to Illinois to visit family for the holidays and was on her way back to her hotel when she was pulled over for a minor lane infraction in the early morning hours. Client exited her rental vehicle with no issue and was asked to perform field sobriety tests. Client was wearing three-inch stiletto heel boots and was pulled over on a heavily warn road. Additionally, she advised the officer that she had recently had left knee surgery and an upcoming surgery on a torn meniscus in her right knee. Despite the cold, windy weather and the other issues with the administration of these tests, Client attempted to perform a couple tests before advising she was too cold and unable to complete tests. Client was arrested for DUI. At trial the court considered the testimony of the officer as well as Client and watched the squad video. Ultimately, the court was not convinced beyond a reasonable doubt that Client was DUI and she was found Not Guilty.
Army Veteran Pulled from Vehicle Not Guilty of DUI (Kane County)
Client was exiting a bar when he observed a large fight between a group of men and bouncers spill into the street from a neighboring bar. An army veteran, Client initially went to help break up the altercation. However, he quickly saw a person with whom he had recently had an issue with and decided to remove himself from the situation. Client and his friend went to his vehicle parked nearby and quickly exited the area as the fight continued. In his haste Client ran a stop sign at the end of the block directly in front of a police squad. The officer pulled out and initiated a traffic stop a few blocks later. Client had a very brief encounter with the officer and was arrested for DUI approximately four minutes from the officer’s initial observation of Client running a stop sign. During the brief exchange Client advised he was leaving the area due to the fight near his vehicle and that he had consumed only two beers. He refused to perform field sobriety tests and was pulled from his vehicle when he refused to exit. At trial the court determined that the minimal observations and brief encounter with officers was not enough to prove Client was DUI at the time. Client was found Not Guilty of DUI.
Partially Blind Driver Involved in Accident Not Guilty of DUI (Kane County)
Client was driving home after consuming part of a beer after work. It was raining and the roads were wet. Client passed through dark area when a vehicle approached from the other direction with its high beams illuminated. Client is blind in one eye and the approaching vehicle with high beams temporarily blinded his remaining vision. As a result, he struck a delivery vehicle which had temporarily parked partially in the lane of the road. Police arrived and investigated Client for DUI. Client advised officers of his blindness in one eye but agreed to attempt standardized field sobriety tests. Client answered all questions appropriately and officers never asked him to repeat himself despite his heavy Polish accent and imperfect English. Client was ultimately arrested for DUI. After hearing the testimony and watching the squad video, the court determined that Client’s alleged slurred speech was more likely attributable to Client’s thick accent and the fact that English was his second language. Additionally, the court noted that a person with only one good eye could have significant issues with certain aspects of field sobriety tests. Court held that under the totality of evidence the State failed to meet its burden and Client was found Not Guilty of DUI.
Single Vehicle Accident and Mild Confusion Insufficient for DUI (DeKalb County)
Client was driving home just before 4:00 a.m. when he was unable to stop at a T-intersection, striking a stop sign and coming to rest approximately sixty feet off the road among some trees. An officer on an unrelated traffic investigation was notified by a passerby and went to check on Client. Client was found in the driver’s seat with small cuts on his face. When speaking with Client the officer detected a strong odor of alcohol, slurred speech, and some general unsteadiness when Client exited the vehicle. Despite Client’s insistence that he did not want to be treated, he was eventually transported to the hospital where he declined to perform field sobriety tests as well as any breath or blood tests. The court determined that although some of Client’s answers to the officer’s questions showed signs of confusion, there was insufficient evidence to prove Client had been DUI. Client was found Not Guilty.
Speeding and Observations Not Sufficient for DUI (DeKalb County)
Client was heading home from a bar when and was pulled over for speeding 12 mph over the limit on a country road. When the officer approached, Client provided a driver’s license and proof of insurance with no issue. The officer observed what he believed was bloodshot and glossy eyes, an odor of alcohol on Client’s breath, and speech that he believed became more slurred throughout the traffic stop. When asked to exit his vehicle and perform field sobriety tests, Client declined and noted he was not impaired. Upon his exit from the vehicle with no issue, the officer immediately placed Client under arrest for DUI. The Court determined that the speeding and observations made by the officer along with Client’s refusal to do field sobriety tests was insufficient to arrest Client for DUI. Client was found Not Guilty of DUI as a result.
Defective Pleading and Crash Circumstances Clear Driver of Reckless Driving (Kane County)
Client was driving down a residential roadway with crowded street parking on one side during a clear afternoon. Client attempted to pass a vehicle and the other vehicle increased its speed as both approached a stop sign. The road at the intersection had recently been torn up as part of municipal sewer work and the ground was covered in dirt and gravel. As Client approached the stop sign, he was unable to stop once he got around the other vehicle. Client locked up the brakes and slid through the gravel and struck a tree on the other side of the intersection. At trial, the uniform traffic ticket was shown to be incomplete and insufficient for purposes of charging Client with reckless driving. Additionally, Client’s conduct did not rise to the level of reckless driving. As a result, Client was found Not Guilty of Reckless Driving.
Squad and Booking Videos Clear Motorist of Felony DUI (Kendall County)
Client approached a stoplight while heading home from hanging out with co-workers. Client slowed before the stop line but eased past the line at the red light in an attempt to activate the sensor for the traffic light. Once the light turned green, Client proceeded through the intersection and briefly crossed a lane line. An officer was directly behind Client prior to the intersection and initiated a traffic stop upon viewing the traffic infractions. The officer observed a strong odor of alcohol on Client’s breath, glossy eyes, and allegedly slurred speech when Client spoke. Client was able to provide a driver’s license and proof of insurance with no issue. Client admitted to consuming six beers in approximately five hours prior to driving home. Due to the officer’s observations and Client’s admissions, Client was asked to exit the vehicle and perform standardized field sobriety tests. Upon the completion of these tests, Client was arrested for DUI and transported to the police department where a breath test was declined. At trial, the court considered the testimony of the officers, Defendant, and a civilian witness along with the squad and booking videos. Ultimately, the State failed to meet its burden of proof beyond a reasonable doubt as the videos showed Client appearing to act normally and not showing signs of impairment. Client was found Not Guilty of Felony DUI.
Driving Complaint, Speeding, and Field Sobriety Tests Insufficient to Prove DUI (DeKalb County)
Officer received a dispatch of a driving complaint of a vehicle all over the road; however, the caller was unable to provide a license plate. Shortly thereafter, an officer sees a similar vehicle speeding, but observes no other traffic offenses. The officer turns around and follows the vehicle, catching up with the vehicle after it had turned into a residential area and parked. There were no occupants in the vehicle and the driver had went inside the residence. Moments later the driver returned outside to speak with officers. Client was argumentative and officers smelled a strong odor of alcohol. Client admitted to having a couple shots earlier and performed standardized field sobriety tests. Client was arrested after questionable performance on his tests and ultimately refused a breathalyzer at the police station. The court compared the testimony of the officers and the squad video, and determined that the State had failed to meet its burden of proof. Client found Not Guilty of DUI!
Squad Video of Field Sobriety Test Performance Leads to NOT GUILTY Verdict (DeKalb County)
Client was heading home from a friend’s house late at night when he was pulled over for having illegally tinted windows. Client admitted to a couple of draft beers over the course of the evening and answered all of the officer’s questions appropriately. Upon exiting his truck Client was asked to perform standardized field sobriety tests. According to the officer’s testimony, Client’s performance on the tests was indicative of someone who was under the influence of alcohol. However, the squad video did not corroborate the officer’s testimony as Client’s performance was very positive. At the close of evidence, the Court relied on the objective visual evidence of the squad video instead of the officer’s testimony. As a result, the State failed to meet its burden and Client was found Not Guilty of DUI.
Polite and Cooperative Motorist NOT GUILTY of DUI (Kane County)
Client was pulled over for speeding and a wide turn on the way home late at night. The officer observed red, glassy, watery eyes, slurred speech, and a strong odor of alcohol on Client. Client admitted to having a few drinks throughout the night. When asked, Client exited his truck and declined to perform standardized field sobriety tests. As a result, he was arrested and transported to the police department where he declined a breath test as well as questioning. Client was polite and cooperative throughout the process with officers. At trial, the court was not convinced beyond a reasonable doubt that State had met its burden. Consequently, Client found Not Guilty of DUI.
Elderly, Stranded Motorist NOT GUILTY of Felony DUI (Kane County)
Client’s vehicle died and became disabled as he left the storage area for his work equipment. Client’s vehicle had made it to the end of the drive and partially in the lane of traffic when it shut off. Client exited his vehicle and attempted to hail help from any of the few passing vehicles on the road. One vehicle slowed but did not stop and the driver called 911. Shortly thereafter, police arrived and observed an odor of alcohol and bloodshot glassy eyes on Client. Client had been sleeping prior to his attempted exit where his vehicle became disabled. Client was elderly and advised officers of balance issues due to hip and leg issues. Client did not perform any field sobriety tests and declined a breathalyzer after his arrest. At trial, the officer’s credibility became an issue as she answered “I don’t recall” to 43 questions. Ultimately, the court questioned the officer’s recollection of the events and did not believe that the State met its burden. Client was found Not Guilty of felony DUI.
Vietnam Veteran found NOT GUILTY of Felony DUI
Client spent his afternoon helping a friend work on his lawn mower and after dinner split a six-pack of beer while watching the replay of a baseball game. After his third beer Client left his friend’s home and headed to a bar. Upon arriving at the bar, Client realized it was closed for the night and then headed home. As he pulled out of the bar parking lot an officer began following his vehicle. The officer followed Client for over two miles and into another jurisdiction before initiating a traffic stop. During the traffic stop Client explained that he could not do the field sobriety tests due to back and leg issues. He was fully cooperative and answered all the officer’s questions appropriately. Ultimately, he was arrested and transported to the police department where he declined a breath test. The State’s evidence was insufficient to meet its burden of proof beyond a reasonable doubt as Client’s driving was determined to be good, albeit with a couple minor traffic violations, his mannerisms and answers were appropriate, and his overall demeanor did not indicate that he was impaired. Client found Not Guilty of Aggravated DUI.
Random License Plate Check and Empty Beer Cans Does Not Lead to DUI (Kane County)
Client was seated in his truck warming up on a winter’s day after getting off work when an officer drove through the parking lot conducting random registration checks. Officer approached Client who had consumed two beers with his boss as they loaded up firewood at the close of the business day. Client was asked to exit the vehicle and perform field sobriety tests. Client declined all testing. Officer then began questioning Client about the empty cases and empty cans of beer in his vehicle. Client advised that a guy comes by once a week to pick up recycling for scrap money and he was bringing some to work for the guy. Client also advised that the empty boxes and cans were from a New Year’s Eve party 3 days prior. Client was arrested for DUI and transported to the police department where he declined a breath test. State did not have sufficient evidence to prove its DUI case against client based solely off of the odor of alcohol, bloodshot eyes, and thick-tongued speech. Client found Not Guilty of DUI.
Man Leaving Holiday BBQ Not Guilty of DUI (DeKalb County)
Client attended a Fourth of July BBQ with his girlfriend in the early evening hours. Client had been outside spraying his home earlier in the day. While at the BBQ for five hours Client consumed four bottles of Budweiser along with a couple pork sandwiches and some chips. Client intentionally paced his drinking because he knew he was responsible for driving at the end of the night. On his way home a deputy ran his registration which came back to Client’s previous vehicle, which he had sold the week before to buy the new truck he was driving. Further, the deputy observed Client make a wide turn when following him. Client was pulled over and asked about the registration issue, which he fully explained the circumstances to the deputy. Client was asked to exit his truck to perform standardized field sobriety tests which he completed. Following the test, Client advised that he believed he passed the tests and did not feel impaired. Regardless, the deputy arrested Client for DUI and transported him to the jail. Client refused a breath test but agreed to answer all of the deputy’s questions. At jury trial, Client conceded the wide turn and invalid registration; however, the State failed to meet its burden on the registration light ticket and DUI charge and the jury found Client Not Guilty on both charges.
Trucker Slows Down for Emergency Vehicle, Found Not Guilty of Scott’s Law (Kane County)
Client was hauling a full load of garbage on the interstate when he approached two State tollway repair trucks with red and yellow lights flashing and a State Trooper squad on the right shoulder. Client had seen the signs denoting road work roughly a quarter to half mile before the vehicles. Client pressed his brakes as he passed the vehicles on the shoulder but did not move a lane over to the outside lane. Client testified that he could not safely get over from his position in the inside lane because of a fast-moving car approaching in the outside lane, a maneuver he considered unsafe. Instead, he chose to press his brakes and proceed in the adjacent lane past the emergency vehicles at approximately 45 mph. The court held that without the State providing contradictory evidence that Client did not slow down, Client acted accordingly under the statute in slowing as he passed when moving a lane over is unsafe. Client was found Not Guilty of his Scott’s Law ticket.
Driver with Restricted Driving Permit Not Guilty of Driving While License Revoked (Kane County)
Client had a Restricted Driving Permit which limited his driving privileges to work related driving only and required a breath machine in any vehicle he drove. When Client’s mother began suffering severe stomach pain one evening, Client drove his mother to the emergency room. After she was treated Client drove his mother home, but was pulled over for a speeding violation along the way. Client was ticketed with speeding and driving while revoked as the officer believed he was outside the parameters of his driving permit. At trial the State was unable to prove Client was outside the restrictions of his driving privileges. The court found Client Not Guilty of Driving While License Revoked.
Erratic Driving and Eye Test Insufficient for DUI (DeKalb County)
While driving Client’s vehicle touched the double yellow lines multiple times and crossed over them once. Client also failed to signal a turn before being pulled over by a deputy who observed his driving. Client advised that he consumed 2 beers with his brother earlier in the evening and that he was ok to drive. The deputy conducted part of an eye test on Client before requesting and at times aggressively insisting on numerous additional tests. Client declined any further testing, maintaining that he was good to drive. Deputy testified that Client’s breath smelled strongly of alcohol, his speech was slurred, and that his balance appeared off during the traffic stop. Once arrested Client refused a breath test at the police station. Court held that the State failed to provide sufficient evidence to meet its burden of proof that Client was DUI. Client found Not Guilty of DUI.
NOT GUILTY verdict on felony domestic battery charges following broken wrist (Kane County)
Client and wife began arguing during a car ride home. During the argument wife called 911 and claimed she was scared because Client was insulting her. Police were mobilized for a “rolling domestic” situation. Upon arriving home Client and wife continued to argue until the police arrived. However, the phone line had remained open from the initial call to point of police arrival, unbeknownst to Client or his wife. During that time there were no sounds of any physical altercation, only verbal argument. Moreover, at no time did wife ever tell dispatch or verbally indicate that things had turned physical. After police spoke with wife and Client, wife was checked out by an ambulance. It was determined by the group of EMTs that no injuries were present and the redness on wife’s arm was likely due to the ice pack she had been given when she complained of pain. She refused transport to a hospital and no arrests were made at that time. Wife then packed multiple bags all the while carrying her small child before being transported to a shelter. Later that evening, wife was taken to the hospital from the shelter and following an x-ray it was determined that wife had a fractured forearm. Client was subsequently arrested. The State’s evidence was insufficient to connect the broken forearm to Client or any actions that may have occurred between Client and his wife. Thus, the State could not meet its burden of proof beyond a reasonable doubt and Client was found Not Guilty of aggravated domestic battery.
Grieving Woman Found Not Guilty of DUI (DeKalb County)
Client was pulled over for stopping beyond a stop line. Client provided her driver’s license and proof of insurance with no issue. Officer observed bloodshot, glassy eyes and an odor of alcohol coming from Client. During her discussion with the officer Client advised that she had been at a funeral all afternoon for a close friend who had taken his own life. Following the funeral a small group of people met at a local bar to celebrate the friend’s life further. Client admitted to a couple of drinks and to crying a large part of the day. She was asked to exit the vehicle and do field sobriety tests. Client performed part of the initial test before halting testing and telling the officer she was not in a position to continue. She declined further testing and was arrested. Once she was transported to the police station, she declined to provide a breath sample. The court held that the State’s evidence was insufficient to meet its burden of proof beyond a reasonable doubt and Client was found Not Guilty of DUI.
Marine Veteran Found Not Guilty of Fourth DUI (Kane County)
Client was on his way home from a bar when he mistakenly entered a left turn lane on Route 72 and upon realizing that it was not his turn he slowly drifted back into the proper lane. Once pulled over Client was admitted to consuming a couple of beers at the bar while watching a baseball game. Client exited up his vehicle upon request and the officer observed bloodshot, glassy eyes, thick-tongued speech, and droopy eyelids. Client agreed to do Standardized Field Sobriety Tests. When asked if there were any physical problems, Client advised he had “jungle foot” from his time overseas in the military. This was subsequently corroborated at the police station when EMTs were called due to Client’s feet being cracked and bleeding. Client was also over 50 pounds overweight at the time he performed tests. Client performed an eye test and a walking test, but informed the officer he could not stand on one leg due to knee problems. The officer did not account for Client’s foot condition or his obesity in his evaluation of the field sobriety tests. Client was also asked to do an alphabet test and a counting backwards test, both of which he did correctly. Following his arrest for DUI, Client declined to perform a breath test at the station. At the conclusion of the evidence the court determined that there was insufficient evidence to prove Client was driving under the influence of alcohol beyond a reasonable doubt. Client was found Not Guilty of felony DUI.
Driver’s Irate Demeanor and Minor Traffic Infraction Insufficient for DUI (DeKalb County)
Client was pulled over in a farm truck on his way home after a minor traffic infraction was observed by an officer. The officer approached Client’s window and asked him to exit the vehicle. Upon exiting the vehicle Client recognized the officer as the same officer that had recently arrested Client’s girlfriend for DUI. Client’s demeanor turned increasingly agitated and he refused to deal with the officer. A second officer arrived on scene and attempted to administer standardized field sobriety tests. However, half way through the initial test Client refused to continue the tests, as the original officer was standing nearby. Client was arrested and transported to the police department where he declined to provide a breath sample. The court determined that although the Client was very irate, disrespectful, and did not handle the situation appropriately, the State’s evidence was insufficient to prove that he was driving under the influence of alcohol at the time. As a result, Client was found Not Guilty of DUI.
Client Recognized by Trooper Found Not Guilty of DUI (DeKalb County)
Client was pulled over for speeding by a Trooper with the Illinois State Police. The same trooper had pulled Client over for speeding a week prior at the exact same intersection in DeKalb. During the original stop the trooper had Client perform standardized field sobriety tests after he smelled alcohol on Client’s breath. Client did not show signs of impairment at the time and the trooper let him go. During the second traffic stop the trooper referred to Client by name and indicated that he smelled alcohol on Client’s breath again. Client admitted to sharing two pitchers of beer with a group of people at a business function over the previous few hours. Client exited his vehicle when asked, but declined to perform the field sobriety tests during the second traffic stop and was subsequently arrested for DUI. At the police station Client also declined to provide a breath sample. The court held that the evidence was insufficient to prove Client was driving under the influence of alcohol and Client was found Not Guilty of DUI.
Non-standardized Field Sobriety Tests Inadequate Evidence for DUI (DeKalb County)
Client was pulled over for rolling a stop sign after leaving the Moose Lodge on his way to get late night food for his passenger. An officer on a DUI hireback shift was brought to the scene of the traffic stop and proceeded to administer one standardized field sobriety test and four non-standardized tests, specifically an alphabet test, a countdown test, a second eye test, and a finger dexterity test. The Client had mixed results with the tests, passing some but not others. In addition, the court disagreed with the officer’s assessment of Client’s speech as thick-tongued and noted that the Client’s speech was good and his lengthy discussions with the officer were coherent. Following his arrest, Client declined the breath test at the police station. Court held the evidence was inadequate to prove that Client had driven under the influence of alcohol. Client found Not Guilty of DUI.
Alleged Accident and Observations Insufficient to Prove DUI (DeKalb County)
Client was leaving a drive thru late at night and was alleged to have rear-ended a vehicle as he made a left turn. Driver of other car called 911 and alleged that she had been rear-ended on her driver’s side and gave descriptors of the vehicle, including license plate. Police subsequently located Client’s vehicle and spoke with him regarding the alleged accident. Client denied ever making contact with the other driver and officers could not determine if the damage to Client’s “junk car” was fresh or old. Client declined field sobriety tests and chemical testing. Officer’s observations of Client’s bloodshot glassy eyes and a strong odor of alcohol were insufficient to prove him guilty beyond a reasonable doubt. Court found Client Not Guilty of DUI.
Evidence Insufficient to Convict Driver Involved in Single Motorcycle Accident (Kendall County)
Client was involved in a single vehicle accident when he dumped his motorcycle on Orchard Road after an oncoming vehicle approached partially in Client’s lane with his bright lights illuminated. In the midst of the accident, Client’s prosthetic leg detached and landed off the other side of the road. Client’s friends were following him at the time and had recovered Client and his motorcycle, but were still looking for his prosthetic leg when police arrived. Client was not offered field sobriety tests and declined both medical assistance and all chemical tests. Officer’s observations of an odor of alcohol, bloodshot glassy eyes, and slurred speech were insufficient to prove Client guilty of driving under the influence of alcohol. Client found Not Guilty of DUI.
Driver with Suspended License Involved in Accident Found Not Guilty of Felony DUI (Kane County)
Client was involved in a single vehicle accident when his vehicle veered left as the road curved right. Client’s vehicle hit a culvert and popped over a driveway, the vehicle finally coming to rest in a residential yard. Officers and medical personnel arrived on scene shortly thereafter to a crowd of neighborhood residents. Client signed a release for medical assistance with the ambulance and declined to do any field sobriety tests. Client admitted that he had a suspended license and was speeding. One of the officer’s smelled what he believed to be an odor of alcohol; however, Client denied consuming alcohol that night. Officers were overheard on the squad video debating whether or not they believed Client had been driving under the influence of something. Client subsequently declined to do a breath test after his arrest. The court held that the State lacked sufficient evidence to prove Client drove under the influence of alcohol, and he was found Not Guilty of felony DUI.
Holiday Driver found Not Guilty of Combination DUI (DeKalb County)
Client was pulled over coming home from a family holiday gathering when he crossed the faded center line on the roadway. The weather was a wintery mix and foggy at the time. Client exited his vehicle, completed the field sobriety tests, and was subsequently arrested for DUI. Prior to his arrest Client indicated that he had consumed a few glasses of wine earlier in the evening and that he had taken his prescribed antidepressant earlier in the day. At trial the arresting officer was found to lack the training to determine if Client was impaired by the prescription drug or a combination of the prescription and alcohol. Chemical tests revealed the prescription drug only in Client’s urine, or waste product. Therefore, the court held that the State failed to provide sufficient evidence that Client was under the influence of alcohol or the combined influence of alcohol and his prescription. Client was found Not Guilty of all DUI charges.
Squad Video Footage Vindicates Client in Not Guilty DUI Verdict (DeKalb County)
Client was pulled over late one evening for stopping approximately a half car length past a stop sign on a country road and having expired registration. Client had consumed three beers earlier in the evening at a fantasy football draft. Squad video footage showed Client was polite and cooperative with the officer and his speech was normal, not slurred. Client performed well on the field sobriety tests despite being overweight and suffering from some leg injuries. Video footage also failed to corroborate some of the officer’s observations. Ultimately, the State’s evidence was inconclusive and insufficient to prove Client guilty of DUI.
Teen Driver Not Guilty of Reckless Driving (DeKalb County)
Client and his friend were driving down a road when they were accused of switching seats and doing pull-ups with their legs extended outside the vehicle at 55 mph. State’s complaint was insufficient to sustain the charge of reckless driving at trial and client was found Not Guilty of the all charges.
Directed verdict of NOT GUILTY on Reckless Driving charge! (Kane County)
Concerned citizen called in a complaint when she observed a white sports car filming while revving its engine and doing burnouts at the end of her neighborhood. Police arrived to find Client and a friend standing outside of the vehicle. During questioning Client admitted he was the driver doing burnouts and responsible for the tire marks on the road. Client also advised that he was shooting an instructional video on “what not to do when driving” for a school project. Client was arrested and ticketed for reckless driving. At trial the State’s traffic ticket was held insufficient for failing to notify Client of the specifics of his charge. As a result, Client was found Not Guilty at the close of the State’s case.
NOT GUILTY verdict of DUI after Stipulated Bench Trial (DeKalb County)
Client was pulled over for having an illegible rear license plate. Client’s license plate was significantly rusted through at the time as he awaited a new license plate from the Secretary of State. During the traffic stop Client was able to produce his driver’s license and insurance with no issue. His speech was clear and appropriate to the questions he was asked. Client admitted to consuming a couple beers with dinner and attempted the Standardized Field Sobriety tests despite informing the officer of concerns related to his age, weight, and medical conditions (diabetes and neuropathy in his feet). Client was subsequently arrested for DUI and refused all breath tests in his case. Following a stipulated bench trial the court held that the State’s evidence was insufficient to prove he was driving under the influence of alcohol and Client was found Not Guilty.
Urine test held unreliable resulting in NOT GUILTY (Kane County)
Client was involved in a single vehicle accident on curvy road when he attempted to avoid deer crossing into his path. Following the severe accident police arrived and observed Client to be disoriented and exhibiting red eyes. Officers also smelled an odor of unburnt cannabis in the air; however, no actual cannabis was ever located on Client, in his vehicle, or anywhere on scene. Client was transported to the hospital where a urine sample was collected and tested. The results of the urine test came back positive for THC, but with notations of “abnormal” and “interpretive data.” No confirmatory testing was conducted. Following expert testimony relating to the urine test the court held that the State failed to meet its burden as to the reliability of the urine test and result. Consequently, Client was found Not Guilty of DUI.
Jury Finds Man Not Guilty of Felony DUI (DeKalb County)
Client was heading home with a friend from a local bar when they decided to park and talk. An officer who had just passed Client’s vehicle and observed a traffic violation made a U-turn to follow the vehicle. The officer observed both occupants walking away from the vehicle which had been parked as the officer made his U-turn. The officer ran the license plate, ensured that both occupants were ok, and then proceeded around the block where he waited for approximately 18 minutes. When Client and his friend returned to the vehicle the officer approached and conducted a traffic stop. Client performed the field sobriety tests and was arrested for DUI despite repeatedly denying that he had been the driver. State failed to meet its burden of proof that Client was the driver and that he was under the influence. As a result, the jury returned a verdict of Not Guilty.
Text Message Held Harmless and Not a Violation of Order of Protection (DeKalb County)
An order of protection had previously been entered between Client and the mother of his child. Original order of protection was modified to allow specific, non-abusive or non-harassing communication between the parties through a specific messaging platform. Client sent a text message not through the messaging platform attempting to set up a meeting with the other parent to discuss parenting and communication matters. Court held that such a communication was not abusive or harassing and not a violation of the order of protection as modified. Client found Not Guilty.
Motorcycle Accident and Multiple Blood Tests Yield Not Guilty DUI Verdict (Kane County)
Client had a few drinks earlier in the afternoon at a family barbeque and upon returning home took his motorcycle out for a ride. Client dumped his bike after the motorcycle stalled out over bad pavement less than a block from his home. Client walked bike back home and had a couple swigs of vodka. Police arrived and Client was eventually persuaded into an ambulance and transported to the hospital where he was arrested and two blood tests were taken. Hospital blood result was above legal limit and Illinois State Police lab result was below the legal limit. Jury found the Client Not Guilty of DUI.
Not Guilty Verdict for Client Accused of 2nd DUI Following Halloween Party (DeKalb County)
Client was driving home from a Halloween party when she was pulled over after rolling a stop sign. Client exited her vehicle and performed Standardized Field Sobriety Tests before being arrested. Client later declined a breath test. Court held that Client’s performance on the Field Sobriety tests was largely good, her speech was clear, and she answered all of the officers questions appropriately. Following the testimony of the arresting officer and viewing the squad video, the court found Client not guilty of DUI.
Roadside Safety Check Held Improper (Kane County)
Client arrested following a roadside safety check in South Elgin. After testimony the court held the roadblock to be improper based on the lack of proper pre-publication, improper markings denoting the roadblock, improper implementation of the operational procedure and plan, and other various factors. As a result, roadblock and arrest were suppressed from evidence.
NOT GUILTY Verdict for Client Accused of 4th DUI Following Motorcycle Accident (DeKalb County)
Client was driving his motorcycle in a group when the gravel caused his bike to be sucked into the ditch resulting in an accident for client and his passenger. Client was subsequently transported to the hospital where two blood tests were performed resulting in BACs of 0.19 and approximately 0.215. Blood results excluded from trial and based on the remaining evidence State was not able to meet its burden. Client found not guilty of all charges.
NOT GUILTY verdict on felony DUI on holiday weekend for 3rd timer (Kane County)
Client with two prior DUIs was driving home mid-day when officers allege he failed to use his turn signal and squealed his tires. Officers followed client for nearly ½ mile before client pulled into his driveway and proceeded inside his home. Officers followed client inside his home and following a brief encounter arrested him for DUI minutes later. Squad video did not show the squealing tires or the lack of turn signal, and the remainder of State’s evidence was insufficient to meet its burden beyond a reasonable doubt. Defendant found Not Guilty of felony DUI.
Aggravated Speeder resolved to a petty traffic offense! (Kane County)
Young adult pulled over after being clocked driving home at 99 mph in a 55 mph zone. Case resolved to a deferred sentence on a petty speeding ticket.
NOT GUILTY verdict on felony DUI w/ an accident (Kane County)
Client was driving home from a bar when lightly rear-ended a vehicle at a red light. Client was subsequently pulled over and completed Standardized Field Sobriety Tests before being arrested for DUI and Leaving the Scene of an Accident. State’s evidence was insufficient to meet its burden beyond a reasonable doubt and Defendant found Not Guilty of felony DUI.
NOT GUILTY of felony DUI (Kane County)
Client was stopped for allegedly leaving his lane crossing the river. Client allegedly showed common signs of alcohol consumption and possible intoxication, specifically bloodshot glassy eyes, slurred speech, and an odor of alcohol. Client declined Standardized Field Sobriety Tests and a breathalyzer. State’s evidence insufficient to meet its burden beyond a reasonable doubt and Client found Not Guilty of felony DUI.
Felony Aggravated Battery Dismissed (Kane County)
Client charged with aggravated battery after a dispute with colleague resulted in a broken jaw for alleged victim. Charges dismissed when State failed to secure enough evidence to proceed to trial.
Jury Finds Client Not Guilty Following Single Vehicle Rollover Accident (Kane County)
Client was leaving a bar in St. Charles on his way home in Sugar Grove when an animal ran in front of his car. Client swerved to avoid the animal and his vehicle rolled over off the road way into a ditch. Client was able to pull himself out of the vehicle and suffered no major injuries. Officer subsequently arrested Client at the hospital for DUI after Client declined field sobriety tests. State’s evidence was unable to meet its burden beyond a reasonable doubt and client was found Not Guilty at jury trial.
Not Guilty Verdict for Client Accused of Battering Spouse (Kane County)
Client was accused of tackling his spouse following a dispute. Child of the alleged victim called 911 and police were dispatched to the home. At trial the State’s evidence was insufficient to show that Client tackled or battered the alleged victim. Client found not guilty of Domestic Battery.
Directed Not Guilty verdict for DUI Third Timer (DeKalb County)
Client was leaving a friend’s house after spending the day at a golf outing. He was pulled over for allegedly crossing the fog line and riding the center line through a curve. Client performed the standardized field sobriety tests, but refused the breath test. State’s evidence was insufficient to meet its burden even in the light most favorable to the State. Client found Not Guilty of DUI.
Jury finds sleeping passenger NOT GUILTY of DUI (DeKalb County)
Client was a second timer found sleeping in the passenger seat of his car in the early morning hours of a winter day. Officers initially believed the running vehicle seen parked in the street in a residential area was unoccupied, but when officers approached on foot they discovered client sleeping in the passenger seat, slightly slumped over the center console. Upon waking client up officers asked him to perform field sobriety tests and subsequently arrested him for DUI. Jury determined that although client was in actual physical control of his vehicle at the time, the State failed to prove beyond a reasonable doubt that he was under the influence of alcohol. As a result, client was found Not Guilty of DUI.
Felony DUI with an accident and .215 BAC – NOT GUILTY! (DeKalb County)
Client was coming home from friend’s house where he had consumed a few beers. Client was texting while driving and continued straight when the road curved, crashing into creek. Client was transported to the hospital against his wishes and blood draw taken resulting in .215 BAC. BAC was excluded at trial and without the result, Client was found Not Guilty.
GERD defense yields NOT GUILTY for a 2nd timer w/ a .227 BAC (DeKalb County)
Client was coming home from a bar and stopped at a drive-thru to get some food. Drive-thru clerk called police after suspicion that driver was under the influence. Police investigated and subsequently arrested client. Client had Gastroesophageal Reflux Disease (GERD) which caused his breathalyzer result of .227 BAC to be unreliable under the circumstances.
DUI charges DISMISSED due to unlawful entry into home after a traffic accident (DeKalb County)
Client driving home in bad winter weather drives off the road and rolls his vehicle. Driver walks over a mile home in the snow. Police arrive at crash scene to find abandoned vehicle and go to registered owner’s home to investigate. Police subsequently return for a second time to the home upon learning that Client had made it home. Police unlawfully enter the home without a warrant or any other circumstances justifying their entry to speak with Client and subsequently arrest him. Entry into the home was found to be unlawful and case was dismissed.
Faulty breath machine leads to a NOT GUILTY directed verdict in a DUI case involving and accident and .182BAC! (DeKalb County)
Client driving home from a friend’s house at dawn and blows through a T-intersection, colliding with a telephone pole. Onboard navigation system contacts emergency personnel and police to the accident. Client is subsequently arrested for DUI and asked to provide a breath sample. The breath result of .182 BAC was excluded from trial as the breathalyzer machine was faulty and officer did not complete the process for obtaining a breath result properly. Client was found Not Guilty.
Directed verdict of NOT GUILTY on DUI charge! (DeKalb County)
Client pulled over in a parking lot for a traffic stop and asked to do Standardized Field Sobriety Tests. Client arrested based on tests and officer’s observations, but evidence was insufficient to meet the State’s burden of proof and Client found Not Guilty without having to call a witness.
Not Guilty Verdict for Second Time DUI Client (DeKalb County)
Client was leaving a birthday party at a bar when he passed by an officer who was tending to a driver in ditch. Officer concluded his contact with the driver in the ditch and began instead following Client. Client was followed for over a mile without committing a single traffic violation before he was pulled over and arrested on a warrant. At the police station Client successfully completed field sobriety tests and despite observations of an odor of alcohol and bloodshot, glassy eyes the State failed to meet its burden of proof beyond a reasonable doubt. Client was found Not Guilty of DUI.
Felony domestic battery charges dismissed in alleged strangulation case! (Kendall County)
Client and his significant other got into an argument which allegedly lead to a physical altercation between the parties. Client alleged to have place his hands on his girlfriend’s neck during the dispute. State’s evidence was insufficient to proceed forward and case was dismissed.
Ambien Defense produces NOT GUILTY on a DUI w/ a .115 BAC (Boone County)
Client had a few beers at dinner and took his prescription Ambien prior to bed to aid his sleep. Client subsequently found operating his vehicle in another county when he allegedly drove in the wrong lane and ran a deputy off the road. Client had no recollection of events and was arrested. Client’s actions were involuntary as he acted predominantly under the influence of his Ambien and not alcohol.