Roll over accident! 0.27 breath alcohol! Suspension? Dismissed.
Still driving after a bad one. from Chicago, Illinois
The Chicago police officer was fairly green, or at least inexperienced in DUI enforcement. He filled out our client's Notice of Suspension and handed it to him.
Sort of.
Totally absent from the form was any de[[script]]ion of what happened - no indication whether our client submitted to testing or not, nothing about what length of suspension he'd face, and to top it off, the officer didn't sign the form certifying he'd given my client the notice! Meanwhile, he corrected the notice and sent a copy to the Secretary of State so that they would suspend him,
but did not send a copy to our client. By the time the case got to court, it was too late for the State to correct it. After hearing the evidence and reading our extensively researched case law, the Judge agreed that our client's rights had been violated, and that the proper remedy was to throw out the suspension.
And he did.
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