Fighting a DUI or Traffic Ticket is a challenge, but it is not impossible.
Prosecutors offer reductions or dismiss most traffic tickets, except for DUIs. Most people do not want to suffer a DUI conviction. One way of fighting a DUI is to challenge the stop. Most DUI arrests begin with a minor traffic infraction. Therefore, if you are charged with weaving, speeding, or an improper turn, there is a good chance there is case law out there on your specific charge or a case with similar circumstances.
In Illinois, there is a well known Supreme Court case called People of the State of Illinois v. Peter L. Lahr 147 Ill.2d 379. In this case, an officer was parked about a half-mile into a neighboring town. The officer was outside of his jurisdiction. The officer was trying to catch speeders using a radar gun. When a driver sped by the officer he proceeded to execute a stop after clocking him above the marked speed limit. The driver was latter subjected to a DUI detention, Field Sobriety Tests, breath alcohol test, and was charged with DUI.
The defendant’s attorney attacked the initial stop because the officer was outside of his jurisdiction. The trial court, appellate court and Illinois Supreme Court agreed. The Illinois Supreme Court reasoned, “a police officer’s right to arrest is no greater than that of a private citizen. Therefore, a extra-territorial arrest will not be upheld if in making the arrest the officer uses the powers of his office to obtain evidence not available to private citizens.” In other words, the case turned on the officer’s use of a radar gun because this is not available to private citizens.
The next time you are charged by an officer using a radar or li-dar gun consult an attorney you may have a winnable case. To read the case, check out: Illinois Supreme Court Case
If you want to fight a DUI or Traffic Ticket call Richard at 630-917-2051. We represent individuals charged with crimes in Chicago, Addison, Arlington Heights, Aurora, Burr Ridge, Calumet City, Carol Stream, Downers Grove, Elgin, Elk Grove, Elmhurst, Evanston, Hoffman Estates, Homewood, Joliet, Lombard, Maywood, Oak Brook, Oak Park, Orland Park, Schaumburg, Skokie, Woodridge and more.