People of the State of Illinois v. B. H.

Charge: DUI—Blow .211

In this case, the officer on duty received a call that there was a car coming towards him with a fender rubbing on the tire. It was suspected that the car was just in a hit-and-run accident. The officer saw a car coming towards him, and heard a “noise”…nothing else. He pulled over the vehicle, confronted the Defendant, and after the Defendant failed all field sobriety tests, arrested him for DUI. His blood-alcohol level was almost three times the legal limit. With such incriminating evidence, I started from the beginning - the cause of arrest. Why did the officer initially stop the vehicle? After a hearing, the Judge agreed with the Defense that the reason the officer pulled over the vehicle, for hearing a “noise” and not actually seeing anything else, was not good enough! He lacked specific, articulable suspicion that the vehicle was in an accident. That "noise" could have been anything. Evidence was suppressed. CASE DISMISSED.