6/22/2006 - Posted by:
Fagan, Fagan & Davis
Phone: 800-KICK-DUI
Alt. Phone: 800-542-5384
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Roll over accident! 0.27 breath alcohol! Suspension? Dismissed.
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The Chicago police officer was fairly green, or at least inexperienced in DUI enforcement. He filled out our client's Notice of Suspension and handed it to him. Sort of. Totally absent from the form was any description of what happened - no indication whether my client submitted to testing or not, nothing about what length of suspension he'd face, and to top it off, the officer didn't sign the form certifying he'd given my client notice! Meanwhile, he corrected the notice and sent a copy to the Secretary of State so that they would suspend, but did not send a copy to our client. By the time the case got to court, it was too late for the State to correct it. After hearing the evidence and reading our extensively researched case law, the Judge agreed that our client's rights had been violated, and that the proper remedy was to throw out the suspension. And he did.
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