2-FER! CLIENT FOUND NOT GUILTY IN 2 SEPARATE CASES IN 2 COUNTIES WITHIN 2 MONTHS
CASE I: June 6, 2001 : People v. Robert P. (Cook County)
Robert P. was driving home from an afternoon at an Indiana casino boat when he was pulled over by a Chicago police officer for driving 30 miles over the speed limit. The officer claimed in court that he detected an odor of alcohol on Mr. P.’s breath and that he had failed several field sobriety tests. On cross-examination, Attorney Harold L. Wallin showed that the officer had observed Mr. P. drive for over a mile, and that during that time, Mr. P. never weaved within his lane of traffic, let alone enter into any other lane or interfere with any other car. And while he was speeding, this is not unusual on the relatively light Chicago Skyway.
In addition, Mr. P. testified that he has asthma and uses an inhaler, which smells like alcohol, and that he has a knee condition that prevents him from walking steadily.
After hearing all the evidence, the Judge found Mr. P. not guilty, because of a lack of evidence to prove beyond a reasonable doubt, that Mr. P. had operated a motor vehicle without steady hands on the wheel or driven erratically.
Previously, Mr. P.’s statutory summary suspension was rescinded because the officer had not properly warned Mr. P. about the consequences of refusing to submit to a breath test.
CASE II: August 18, 2001 : People v. Robert P. (Lake County)
Mr. P. was pulled over for disobeying a red light in Gurnee , Illinois . According to the arresting officer, he failed three field sobriety tests on the scene. Because he had recently used his inhaler, Mr. P. refused to take any breath tests. The judge ruled that inconsistencies between the officer’s testimony, Mr. P.’s testimony and the traffic citations created a reasonable doubt of guilt and found Mr. P. not guilty of DUI and disobeying the red light.
Website Optimized by: