Our client, Tracy, was stopped for improper lane usage by a Cicero Police Officer. Due to poor weather conditions, Tracy was handcuffed, detained, and brought back to the Cicero Police Department where she was given field sobriety tests.
We filed a motion to quash the arrest and suppress evidence.
During the hearing, the officer admitted to handcuffing Tracy before she placed her into the squad car and brought her back to the police station. The officer further testified that Tracy was not placed under arrest until after Tracy failed the field sobriety tests which were given at the Cicero Police Station.
We argued that Tracy was arrested prior to failing the field sobriety tests. She was arrested when she was placed in handcuffs, and at that time, the officer did not have probable cause to arrest Tracy for driving under the influence of alcohol.
The court agreed and granted our motion to quash the arrest and suppress evidence. Tracy’s DUI was dismissed.
Chad was involved in a minor vehicle collision where he rear-ended another vehicle at a stop light.
He was arrested and charged with driving under the influence of drugs. He refused to submit to chemical testing, and thus, his license was set to be suspended for one year.
We filed a petition to rescind Chad’s suspension.
At trial, the officer testified that Chad’s speech was slow and his pupils where dilated. The officer testified that Chad admitted to taking a prescribed medication and had the pill bottle in his car. The officer testified that Chad was acting very slow and tired. The officer further testified that Chad failed field sobriety tests.
The officer was asked to state his opinion regarding whether Chad was under the influence of Drugs. We objected to that question citing the officer’s lack of training in determining whether a person was under the influence of alprazolam. The judge sustained the objection and did not allow the officer to testify whether he believed Chad was under the influence of drugs.
Accordingly, Chad’s driving privileges were restored and he was found not guilty.
Our client Michael was pulled over by an Evergreen Park Police Officer for an obstructed license plate. Michael was arrested and charged with driving on a revoked license, no proof of insurance, and an obstructed license plate.
We filed a Motion to Quash the Arrest arguing that the officer did not have the right to stop Michael.
During the hearing, the officer testified that Michael was stopped for an obstructed license plate but was not speeding nor was he having any issues staying within his lane. The officer explained that the numbers on the temporary plate were wearing off making the first couple numbers illegible. The officer further testified that he believed he had to walk right up to Michael’s car in order to read the plate number to call it in.
A body camera recording was played that showed the officer call the plate number in while he was still in his squad car before he walked up to Michael’s car. Therefore, the officer was able to read Michael’s plate number from inside his squad car.
During closing argument, we argued that the officer did not have reasonable articulable suspicion to stop Michael because he was able to clearly read the plate number from within the squad car, and therefore, the plate was free from obstruction.
The court agreed and granted the Motion to Quash the Arrest and all charges were dismissed.