Our Client, Rich, was stopped by the Des Plains Police Department for improper lane usage. Prior to making the stop, the officer also observed Rich stop at a stop sign for 22 seconds before proceeding. Rich was arrested and charged with DUI, Open Alcohol, and Improper Lane Usage.
At trial, the officer testified that when she approached Rich, she smelled a strong odor of an alcoholic beverage emitting from his breath. She further testified that Rich’s face was flush, his eyes were watery, and he used his car door to assist him in exiting the vehicle.
An assisting officer testified that he asked Rich whether he drank any alcohol prior to driving. That officer testified that Rich avoided the question. That officer further testified that Rich failed the walk and turn, the one leg stand, and the finger to nose tests.
Both officers testified that in their opinion, Rich was under the influence of alcohol.
We argued that the State failed to meet their burden of proof beyond a reasonable doubt. After arguments, the judge found Rich not guilty on all counts.