Driving Under the Influence of Alcohol (DUI) – ALL CHARGES DISMISSED

My client was driving and caused an accident in Chicago on Western Avenue. The victim of the accident told police that he was sitting at a red light when my client struck him from the rear. The victim indicated that my client was very drunk. When the Chicago Police asked my client to step out of the vehicle, he staggered and nearly fell to the ground. My client was unable to stand by himself without the police officer’s assistance. The Defendant had strong odor of alcohol on his breath, slurred speech and bloodshot/glassy eyes. The police officer arrested him for DUI and took him to the police station. The most damaging evidence against my client was that he vomited in the police squad car on the way to the station! We knew that this was going to be hard case to win because of all the evidence against my client so we demanded trial hoping the prosecutor would not be ready in time. When a Defendant makes a demand for speedy trial, the State of Illinois has 120 days to be ready for trial if you are in custody and 160 days if you are out of custody. My client was out of custody so they had 160 days for trial. Court date after court date the State was not ready for trial. Each court date we filed a written demand for speedy trial since we knew it was the only way to win. Eventually, on the 160th day, we answered ready for trial and the State asked for additional time. We argued that the State should not get any kind of extension since they could not provide any good reason why the arresting officer was not in court. The judge agreed with us and denied the State an extension of the 160 days. The State dismissed all charges!