Driving Under the Influence of Alcohol (DUI) – License Suspension Removed

My client was stopped my the Evanston Police Department for changing lanes without signaling. The officer observed an open bottle of liquor in car with a plastic cup with alcohol in the cup holder. The officer indicated that my clients speech was slurred, had on odor of alcohol and bloodshot/glassy eyes. My client was also driving on a suspended driver’s license from a previous DUI he had (I was not his lawyer at that time!!). The officer arrested him and took him to the Evanston Police Department for field sobriety testing. The officer indicated that my client failed all field sobriety tests. This was a three (3) year suspension since my client refused the breathalyzer and this was a second DUI. We went to hearing to remove the suspension. During my cross-examination, I got the officer to admit that he did not follow his own training when conducting this DUI investigation. I questioned him hard with regards to the actual instructions he have my client for the tests. He did not remember what the instructions he gave! He then did not remember how my client “failed” the test. The judge was not happy with his testimony to say the least. The judge granted my motion and removed my client’s 3 year suspension.