Success Stories

Wallin’s Client Not Guilty of Aggravated DUI!

Mr. O. was driving home after working long hours as a busboy at a bar/restaurant.  He was in his early 20s and was driving his father’s Jaguar, which probably attracted the attention of police. Mr. O. had never had a DUI before.  Yet he was charged with the felony offense of aggravated driving under the influence because he did not have a valid driver’s license at the time of the offense.  Mr. O. was merely stopped in traffic when he made eye contact with the officer.  The officer claimed that he thought Mr. O. was sleeping, because his head bobbed up and down for four to five seconds.  Mr. Wallin was able to win an acquittal for his client by cross-examine the arresting officer with many inconsistencies from previous hearings, such as where he first observed Mr. O., what Mr. O. was doing at the time of the police stop, and whether Mr. O. was ever offered a breath test.  Mr. O.’s employer was also called as a witness, and he testified that he was with Mr. O. from 7 p.m. to 1:00 a.m., and during that time, Mr. O. had not consumed any alcohol in his presence (and that alcohol consumption on the job violated work rules).  Mr. O. had been arrested 45 minutes after leaving work.  The Cook County judge found that the evidence was insufficient to support the state’s case, and Mr. O. was found not guilty.