DUI – NOT GUILTY AFTER TRIAL

Defendant struck an unoccupied vehicle in Chicago. The owner heard the crash and came downstairs to see her vehicle with major body damage. Her parked vehicle was hit so hard that it was now across the street. She flagged down a detective in the area and investigated the scene. He saw a trail of automobile fluid and followed it down the block, around the corner and into an alley. He then observed my client standing next to his vehicle with the air bags deployed. The Defendant had red shot, glassy eyes and swayed while standing. Officer said that he smelled a strong odor of alcohol coming from the Defendant’s breath. The Defendant admitted to drinking, driving and striking the parked vehicle. The Defendant was arrested for numerous charges including DUI. During trial  I crossed examined the arresting officer regarding her DUI training. I made her admit to the judge that all of the clues (except the smell of alcohol) she observed could have been the result of the accident and not because of intoxication. The trial judge agreed and found my client not guilty of the DUI.