People v. KB
Our client was stopped by the Rolling Meadows Police Department and charged with his fourth DUI. At the time our client was stopped, the officer found that he was riding a motorcycle without the proper equipment. As the officer turned to follow the bike and activated his emergency lights, the driver turned on to a street in order to pull over. The officer testified that his turn was wobbly and unsafe, and when the driver stopped the motorcycle, it took several tries to lower the kickstand. The officer said he approached our client and asked for a driver's license and insurance information. The officer said our client had red, glassy, bloodshot eyes, slow slurred speech, the strong odor of an alcohol based beverage coming from his breath and an admission from our client that he had been drinking beer that evening. The officer performed field sobriety tests on our client and came to the conclusion that as far as his balance, he was wobbly, swaying and unsure. The officer videotaped all of our client's performances on the field tests and arrested him for his fourth DUI. The officer also sent in documentation so that the Secretary of State would take steps to suspend our client's driving privileges. We began a very aggressive defense of our client because of the fact that with a fourth DUI, it was very possible that charges would be enhanced to a felony. We proceeded to file a motion to quash his arrest determining that the stop, in our opinion, was illegal, and we filed a separate motion to have the suspension of his driving privileges rescinded. We followed this up with photographic information and were able to present our case to the prosecutor and the arresting officer. As a result, on the second court date, the charges of driving under the influence of alcohol were dismissed. The suspension of his driving privileges was rescinded by order of the judge in this matter. All other charges regarding the officer's contact with our client were dismissed. Our client plead guilty to a minor traffic violation and received a $300.00 fine. Because of our very aggressive defense of our client, he did not receive any kind of a conviction for driving under the influence of alcohol, much less be sentenced to a period of time in jail. Moreover, because of our work, the suspension of his driving privileges was rescinded by the Secretary of State's Office.