Case Results

People of the State of Illinois v. W.C.

Westchester police officers stopped our client's car westbound on Cermak Road apparently, according to the officer, drifting from lane to lane for approximately 5 – 6 blocks. When the emergency lights went on, the officer indicates our client weaved again from lane to lane, came to a stop in the middle of the street, striking the curb with both tires. As the officer approached our client, he noticed bloodshot, glassy eyes, a strong odor of alcohol, and an admission from our client that he had between five and seven drinks earlier. According to the officer, our client failed all of the field sobriety tests and was arrested for driving under the influence of alcohol. Because he was an over-the-road truck driver and had a CDL license, he could not afford even court ordered supervision or he would lose his entire ability to support himself. The Secretary of State's Office sent a notice to our client that his driving privileges would be suspended, and it affected him because he was an out-of-state driver and over-the-road trucker. We proceeded to a contested hearing on whether or not the Secretary of State's Office could suspend his license, and we won the hearing. The court entered an order directing the Secretary of State to remove the suspension of his driving privileges from all of his records and to reinstate him in order to be able to drive. Further, we proceeded to a contested trial on the issue of driving under the influence of alcohol, and our client was discharged completely. As a result of our very aggressive cross-examination of the arresting officer based on those facts, all charges were dismissed against our client and he was never suspended. He never had to take alcohol classes and never had to obtain an alcohol evaluation nor did he have his occupation affected by this arrest.

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