Our Client, Elizabeth was stopped for failing to signal when turning into an alley in Summit, Illinois. The officer arrested Elizabeth for driving under the influence of alcohol and for having open alcohol in her vehicle. Elizabeth refused to take a breathalyzer, and thus, her license was set to be suspended for one year.
We filed a Petition to Rescind her one year suspension and set the case for trial and hearing on the Petition to Rescind.
At trial, in stipulated the testimony, the officer indicated that Elizabeth admitted to drinking alcohol at a bar prior to being stopped. Further, the officer noted that she had slurred speech, bloodshot eyes, and had a strong odor of alcoholic beverage emitting from her breath. He further noted that her balance was uncertain and she swayed. Specifically, he indicated that she held the side of her vehicle while walking to the back of her vehicle. He noted that she lost balance during the beginning of the walk and turn test and then indicated that she wanted to be placed under arrest.
We argued that the stipulated testimony was contrary to the video because Elizabeth never leaned on her vehicle while walking to the back of her vehicle. The judge agreed and found that the state could not meet their burden of proof and found Elizabeth not guilty of DUI. Further, the judge granted our Petition to Rescind Elizabeth’s suspension.