People of the State of Illinois v. M.S.
Our client had been charged with aggravated driving under the influence of alcohol, a felony, while his driver's license was suspended where the suspension was for 3 DUI's. The case had been pending in Bridgeview for a long time and we were the client's second attorneys on the case.
Our client was offered, in exchange for his plea of guilty to the one count of the felony aggravated driving under the influence of alcohol and one count of the felony driving while his license was suspended, that he would be sentenced in the Illinois Department of Corrections to a period of 3 years. Our client was not a citizen of the United States and therefore, if he accepted any negotiated settlement that involved a conviction, he would have to serve time in the penitentiary and then be deported.
Consequently, our client declined the court's offer of 3 years in the penitentiary on both offenses. After our client declined that offer, it was revoked by the court and our client was told that if he was convicted after a jury trial, he would be sentenced to 7 years in the Illinois Department of Corrections. Consequently, we proceeded to pick a jury.
The arresting officer testified that, in his opinion, our client failed all the field sobriety tests. The officer further testified that our client asked to blow into the breathalyzer two separate times but failed to blow into the machine at any time and the machine basically timed itself out twice.
According to the officer, our client was under the influence of alcohol, was driving under the influence of alcohol and was driving while his license was suspended for the 5th or 6th time for an alcohol related offense. Our cross examination of the officer was lengthy and expert. We cast doubt on everything that the police officer said he did. Our client testified on his own behalf and at the end of the case, the jury found our client not guilty of the charge of driving under the influence of alcohol and not guilty of driving while our client's license was suspended for an alcohol related reason for the 4th or 5th time.
Our client was found not guilty of everything by the jury.