No evidence for DUI arrest
A client recently approached me and told me that he received a DUI and there was “no evidence” for his DUI so therefore the DUI should be dismissed. I told him that after practicing DUI law for 22 years that it was unlikely that there was “no evidence.”
He told me that he had been arrested for DUI while in a parking lot, so because he was not driving on the road, he was not driving under the influence. I had to tell him that according to 11-501 (DUI Law) that a person could be arrested for being in actual physical control of a motor vehicle anywhere in Illinois. That means that if you are driving a golf cart on a golf course you could be arrested for DUI.
He then explained that they had “no evidence for DUI arrest.” I obtained a copy of his police reports and they indicated that he had taken three field sobriety tests and had admitted to taking prescription medication. He also took a breathalyzer and scored 0.0. I felt funny explaining to him how field sobriety tests are evidence. Personally, I think field sobriety tests are total BS, but they are evidence that the judge or jury can consider. The 0.0 breathalyzer will just ensure that they will charge him with a drug DUI rather than an alcohol DUI.
Lastly, in the report the officer recorded that the client had made a statement to his girlfriend (who had called the police), “Thanks babe, another DUI.” That statement would be heard by the judge or jury when considering whether to find him guilty of DUI.
I am not sure whether it is television or the incomprehensibility of the law, but people need to understand that the State is going to take whatever evidence they have and try to make a case. Can the jury find you guilty on that amount of evidence? Sure, it’s entirely up to them. Could they find you not guilty? Once again, sure, that’s their job.
But thinking that there is no evidence, therefore they have to dismiss the case is just silly.