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.