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A Successful Motion to Quash a DUI Arrest In Illinois

Most DUI arrests begin with a motor vehicle violation. Police officers cite failure to stay in your lane, speeding, failure to properly signal a turn, or some other traffic violation. The police officer, in such a situation, will not conduct a DUI stop unless further evidence leads him or her to suspect that you have been drinking. If the arresting officer did not have a valid reason to stop you, evidence of drunk driving collected after the fact, including breathalyzer results, should be thrown out.

After an arrest by the Hanover Park Police Department, the evidence began to mount. The man admitted to consuming four Budweiser and two Cherry Bomb shots over the course of the evening. Officers indicated that they could smell alcohol on his breath and that his eyes were watery, glassy and bloodshot. He was given a breath test which showed his blood alcohol content to be 0.17, more than twice the legal limit.

Testimony and Cross Examination

A careful review of the police reports raised questions about the initial arrest. This led to the filing of a motion to have the client's arrest declared illegal. This motion forced the arresting officer to explain exactly what allowed him to make the stop in the first place. Under aggressive examination, the officer made significant mistakes that called into question whether or not he had probable cause to make the arrest in the first place.

The defense was convincing. The judge agreed that the arrest was made without probable cause. The arrest was quashed and with it went all the evidence collected regarding the driver's alcohol consumption and condition while driving. With no evidence left to support the charges, the prosecutor dismissed the case and the man was free to go.

The requirement of probable cause to arrest is not a mere technicality. If the police arrest you and cannot explain to the court exactly why they did so, your fundamental, Constitutional rights have been violated. The police cannot stop you just to see if you might be committing a crime. By speaking to an experienced criminal defense lawyer as soon as possible after your arrest, you can assert your rights and protect yourself from an improper DUI conviction.