Driver in accident is arrested for DUI and blows over the legal limit. Found not guilty in court.
Rolling Meadows DUI attorney Lewis Gainor represented a man who crashed his car into a concrete median on May 1, 2004. Police officers from the Mundelein Police Department responded to the scene of the crash. It was in the early hours of the morning. They found the driver standing near his automobile, unable to drive from the scene.
The police asked him to perform field sobriety tests, which he failed. Then the police took him into custody at the station. The police requested that he take a breath test. The result was 0.099 - over the 0.08 legal limit in Illinois.
At first, this client did not see how the case could be won (he was, after all, charged with DUI for having a BAC over 0.08), but Lewis Gainor persuaded him that the prosecution was missing something. The trial began on October 20, 2004. The police officer who arrested the driver was sworn and testified as to everything that occurred, including the 0.099 breath test. The breath test machine printout, which displayed the result of 0.099, was admitted into evidence.
Rolling Meadows DUI lawyer Lewis Gainor cross-examined him and pinpointed the key issue in the trial: the police officer did not follow the Illinois State Police regulations governing the administration of a breath test.
As a consequence, the judge ruled that the breath test results were not reliable. On October 26, 2004, the court pronounced its judgment.
Not guilty of driving under the influence.
