People of the State of Illinois v. K. K.

Charge: DUI--Blow: .182
Ruling: DISMISSED

The Defendant was arrested at the scene, taken back to the station, and blew a .182, over twice the legal limit. All was lost? No. After a review of the case, I realized there might be an opening. During a Motion to Suppress the Evidence, I brought out in open court that the officer placed the Defendant under arrest after smelling alcohol on his breath, seeing bloodshot eyes, and having poor balance. That’s was all. It wasn’t until they arrived at the station that the Defendant was offered, and failed, all field sobriety tests and blew a .182. To most people, the officer did everything by the book. To me, he did not! After arguments the Judge agreed with the Defense that the officer should have offered the Defendant the field sobriety tests at the scene BEFORE arresting him for DUI. The officer jumped to conclusions, which was illegal. All the evidence was suppressed. CASE DISMISSED.