Driving Under the Influence of Alcohol (DUI) – LICENSE SUSPENSION REMOVED

The Illinois State Police Department observed my client speeding in his vehicle. He was paced by the trooper going 95 MPH in a 55 MPH zone. The trooper indicated that my client exhibited a strong odor of an alcoholic beverage on his breath, mumbled speech, slurred and confused. Trooper also indicated that my client had bloodshot and glassy eyes. My client took and failed all of the sobriety testing. The trooper gave him a Horizontal Gaze Nystagmus (HGN) test, Walk and Turn test and a One Leg Stand test. The trooper indicated that he failed each and every one of those tests miserably. My client then agreed to take a portable breath test (PBT) on the side of the road. The results were a .156%. The trooper arrested him for driving under the influence of alcohol and took him to the Illinois State Police headquarters for processing. When my client got to the headquarters, he submitted to further breath analysis testing which resulted a .157% blow. My client could not afford to have his driving privileges suspended so we went to hearing. We convinced the judge that the trooper had no right to arrest our client, let alone, even stop him! We argued that the troopers speedometer has not been certified accurate and therefore could not accurately determine my client was speeding. We crossed on the field sobriety testing and proved to the judge that the trooper exaggerated the results which prejudiced our client. We could have stopped there but we didn’t! We next attacked the PBT test and showed that the trooper cast doubt to whether that PBT model was approved by the State of Illinois to be used! Needless to say,  the judge granted my petition and my client avoided any suspension at all! We beat the suspension even with a .157% blow!