New Year’s DUI arrest, based on family member’s call to police, thrown out
It was New Year’s Eve, and client KM spent the evening with his wife and children at a relative’s home. On the drive back home, his wife, who was having a panic attack, called the police on her cell phone to report that her husband was driving while intoxicated and would not pull over. The Illinois State Police located the vehicle and pulled them over. KM was asked to perform field tests in cold, snowy weather despite having several medical conditions which made it difficult for him. He was charged with DUI and child endangerment. At trial, Mr. Wallin cross-examined the Trooper and showed arrest video, raising issues of credibility and sufficiency of the evidence. At the conclusion of the prosecutor’s case, a Cook County Judge dismissed all the charges, finding that there was not sufficient evidence that KM was intoxicated.
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