The Chicago DUI defense attorneys at The Davis Law Group, P.C. have decades of combined experience representing clients facing DUI charges as well as other traffic-related cases. Our approach combines a comprehensive knowledge of Illinois DUI law with the ability to negotiate and litigate in order to secure the most favorable outcome for our clients.
Chicago DUI Defense Case Study – Cook County, Illinois
The summary below describes a recent case handled by the DUI defense lawyers at The Davis Law Group, P.C. This specific DUI arrest occurred in the City of Chicago and was litigated at the Daley Center located in downtown Chicago. This particular courthouse is officially known as the Circuit Court of Cook County’s First Municipal District.
Allegations against our Client: Our 28-year-old client, who had a commercial driver’s license, was allegedly found in the driver seat of his car slumped over the steering wheel by a Chicago Police officer. The Chicago Police officer observed the front bumper of our client’s car making contact with the car parked in front of it, and the officer alleged that our client rear-ended that parked car. After being awakened by the police officer, our client agreed to submit to field sobriety tests which, in the opinion of the officer, our client failed. The officer also alleged that our client vomited at some point during the investigation. He was arrested and charged with DUI and Negligent Driving.
A plea of not guilty was entered on all charges. The case ultimately went to a jury trial led by attorney David Mennie of The Davis Law Group, P.C.
Analysis: In the State of Illinois, a person can be found guilty of DUI if he or she is in actual physical control of a motor vehicle. Actual physical control means that the person has control and the ability to operate the car. In this case, our client was allegedly found in the driver’s seat sleeping with his head slumped over the steering wheel, and the keys in the ignition, which qualifies as actual physical control under Illinois law. While the prosecutor argued that our client was in actual physical control of the vehicle, the prosecutor did not present evidence of how the car got to where it was (whether our client drove there or someone else did), how the car came into contact with the car in front of it (whether someone driving our client’s car struck the car in front of it or whether the car in front of it backed into our client’s car), how much alcohol our client had to drink, over what period of time our client drank alcohol, and when our client had his last drink. While the prosecutor could show that our client was in actual physical control of the car when the officer first observed our client, the prosecutor still had to show that our client was under the influence of alcohol at that time. In order to do so, the prosecutor presented evidence that the arresting police officer had our client perform standardized field sobriety tests. The officer was then cross-examined by David Mennie of our firm about whether the standardized field sobriety tests were conducted according to the officer’s training. The arresting police officer could not remember if the standardized tests were properly conducted. After the prosecutor rested, we argued that the question of whether our client was under the influence was still unanswered.
Outcome: The jury determined that the State had failed to prove that our client was guilty beyond a reasonable doubt and, as a result, our client was found not guilty on the charge of DUI. The charge of Negligent Driving was ultimately dismissed by the prosecutor.
Contact The Davis Law Group, P.C. – Chicago DUI Defense Law Firm
If you are charged with DUI in the Chicagoland area, do not hesitate to contact the DUI defense attorneys at The Davis Law Group, P.C. for a free consultation. You can reach us by calling (847) 390-8500 or via the contact page on our website. The defense attorneys at our law firm have decades of combined experience in representing clients facing DUI charges throughout the City of Chicago, as well as Cook County, Lake County and DuPage County.