This week the 2nd District Appellate Court was unanimous in upholding the trial court’s decision to quash our client’s arrest for DUI and rescind the suspension of our client’s driver’s license. During the representation of our client, our office filed a motion to quash arrest and a petition to rescind statutory summary suspension with the circuit court. At hearing our Founding Attorney Jonathan James called the arresting officer to the stand and challenged the officer’s basis for initiating a traffic stop. The Officer had claimed that our client pulled out in front of him and he had to slam on his brakes to avoid an accident. Additionally the arresting officer claimed that, while tailing our client, he observed our client swerve and almost hit a cluster of parked cars on two separate occasions. Attorney James presented the video from the Officer’s squad car at hearing and argued that our client was exercising reasonable care while driving and did not violate any provision of the Illinois Vehicle Code. After viewing the video and hearing the arguments, the Trial Court agreed that the officer did not have a reasonable basis to initiate a traffic stop. The Court noted that the Officer only decelerated from 29 mph to 22 mph and characterized the officer’s braking as a “tap” and not consistent with someone slamming on brakes to avoid an accident. Upon review, the Appellate Court unanimously agreed with the trial court and upheld the Court’s decision to quash the arrest of our client and rescind the statutory summary suspension.
Attorney Joanthan James
Rockford DUI Attorney