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Case Results

A History of Success

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.

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