Back on March 25, 2013, I described the facts of this case when I won a motion to suppress evidence:
“The Chicago Police Department observed my client speeding on Montrose Avenue. When they stopped him, the officer smelled a strong odor of alcohol on his breath. My client had slurred speech and red/bloodshot glassy eyes. My client took the field sobriety tests and did terrible! He failed the HGN (horizontal gaze nystagmus) test, Walk and Turn Test and the One Leg Stand Test. The officer indicated that he not only failed these tests, but that he missed the most points possible on two of them. The Defendant was then arrested for DUI. My office immediately served a subpoena on the Chicago Police Department for the in squad video of the arresting officer. We wanted to see for ourselves how our client did on the field sobriety tests before being arrested for the DUI. On the first court date the Chicago Police Department failed to provide my office with the officer’s squad car video of my client. After numerous attempts to obtain the video with no success, we filed a motion for sanctions. We were asking the court to prevent the officer from testifying to anything he observed during to stopping of my clients vehicle to the time my client was transported to the police station. After a hearing, the judge agreed with me. The judge suppressed all evidence regarding the stopping of my clients vehicle and the field sobriety testing. Everything being kept out of trial. Everything! The officer is prohibited from testifying to anything that happened on the street. Our aggressive tactics paid off. Again!”
On today’s date it was set for trial. As expected, because I had suppressed ALL EVIDENCE, the State of Illinois had no choice but to DISMISS ALL CHARGES!
