Verdict of "Not Guilty" After Trial and Successful Motion to Throw out Admission of Drinking Alcohol

 Posted on December 00, 0000 in DUI

We were retained to represent  a woman who was pulled over and ultimately charged with DUI.

The arresting officer had his on-board video camera turned on to show our client's alleged erratic driving, and to record the audio and video from the questioning and field sobriety tests  that were administered at the scene.

The officer testified at trial that our client had failed all of the field sobriety tests, but that she had refused to take the alcohol breath test.

Initially, our client admitted to consuming two beers earlier in the night.  After further questioning at the scene, our client told the officer that she had not only consumed more than two beers earlier, but she had also had mixed drinks.  The officer charged our client with DUI.

Before the case went to trial, we filed a Motion to Suppress our client's statements regarding the additional drinks she had consumed over and above the two beers.  We argued that before the additional questioning, the officer should have read our client her Miranda rights.

After an extensive hearing before the Judge, and after the Judge had viewed the video and audio, the Judge ruled in our client's favor and found that the officer should have read our client her Miranda rights before he questioned her further about her drinking.

Therefore, the only evidence that another Judge would hear at trial is that our client had two beers.  At trial, we cross-examined the arresting police officer, emphasizing all of the things our client did that would show she was NOT under the influence of alcohol.  In the end, the Judge found our client "not guilty".  If the trial evidence would have included that our client had consumed more than two beers, our client would probably have been found guilty.

Our attorneys fight for our clients. We examine every issue, every time, to be certain that our client's rights are protected and we are providing the best defense possible.  We fight hard for our clients, we are aggressive, we are thorough, and we are experienced. If you are in need of a DUI attorney in Orland Park or the surrounding suburbs, or if you need a criminal attorney for any charge, no matter how small or how big, call us for a free initial consultation at 708-966-2408 or email us.