Chicago DUI Lawyer receives NOT GUILTY verdict for an erratic driver who admitted to consumption of alcohol.
Posted By
Admin on Apr 30, 2011 9:35am PDT
People of the State of Illinois vs. S.P. NOT GUILTY / DUI
The Defendant was arrested for Driving under the Influence of Alcohol, commonly known as DUI, and was contemplating a plea of guilty. In the state of Illinois Driving under the Influence of Alcohol is a class A Misdemeanor punishable by up to a year in jail and a $2500 fine. The Defendant was alleged to have driven erratically by abruptly changing lanes, failing to signal, swerving, and driving into the traffic lane of oncoming traffic for several seconds. The Defendant, who had no valid driver's license, admitted consuming alcohol to the police officer and submitted to field sobriety testing. After consulting with
Chicago DUI Attorney Ronald Batovski, the Defendant decided to go to trial on the advice of his lawyer.
At trial, the police officer testified to the erratic driving, and the Defendant's performance on the field sobriety testing. Chicago Criminal Defense Attorney Batovski cross-examined the officer's interpretation of the field sobriety test, especially the results of the one-legged stand test. Attorney Batovski questioned whether the Defendant putting his foot down merely two times out of 30 signified that the Defendant was, in fact, impaired. Attorney Batovski alluded to the fact that many unimpaired drivers could easily put their foot down two times when performing this test for the first time. Also, many unimpaired drivers could have fared worse while attempting to keep their foot up a few inches from the ground for the duration of 30 seconds. Attorney Batovski successfully argued that the Defendant completed the test, understood the officer's instructions, and maintained his balance without swaying or requiring additional support.
In terms of the Defendant's erratic driving, during closing arguments Chicago DUI Lawyer Batovski argued that bad driving is not, by itself, indicative of an impaired driver. Accidents routinely occur with drivers who are not impaired by alcohol. The defendant did not testify on the advice of his lawyer. After hearing the state's evidence and closing arguments, the Judge entered a finding of
NOT GUILTY on
DUI. April 2011.
Contact a Chicago DUI attorney today if you need skilled legal representation to fight against the charges you are facing.