THREE YEAR SUSPENSION RESCINDED, DUI DROPPED!

March 14, 2003: People v. Abbelino A.:

Late one night, Mr. A. was involved in a fender-bender accident in Elmwood Park. A local police officer was nearby and directed Mr. A. to drive to the nearby police station to complete an accident report. Once in the station, another officer decided to have Mr. A. perform field sobriety tests, and ultimately decided to charge him with a DUI.

Because this was Mr. A's second DUI arrest within five years, he faced a three year statutory summary suspension, and revocation of his driver's license if found guilty.

Mr. Wallin conducted a statutory summary suspension hearing, at which time he questioned the officers who were involved in the arrest. Mr. Wallin then argued to the Judge that the facts of the arrest did not show that the officers had reasonable grounds to believe that Mr. A. had been under the influence of alcohol at the time of the arrest. The Judge agreed, and rescinded the three year suspension. After the hearing, the State's Attorney agreed to drop the DUI charge.

WALLIN'S CROSS-EXAM LEADS TO NOT GUILTY

March 12, 2003: People v. Antonio A.

Coming home from an evening out, Mr. A. was stopped at a roadblock set up by the Cook County Sheriff's Police Department. A sheriff suspected Mr. A. of driving while intoxicated and requested that he perform field sobriety tests, with results that the sheriff characterized as "failing." Mr. A. insisted that he was not drunk and was innocent of the charge against him.

Mr. Wallin conducted a hearing in which he cross-examined the arresting Sheriff. The Sheriff admitted under cross-examination that he had not observed Mr. A. to have driven erratically or committing any moving violations. He also admitted that Mr. A. had been able to stand on one leg without putting his foot down and walk a straight line without stepping off the line. After reviewing a transcript of the Officer's testimony, a Cook County Judge found the evidence insufficient and found Mr. A. Not Guilty of DUI.

ALL CHARGES DISMISSED IN CRASH CASE!

March 4, 2003: People v. Clinton B.

As Mr. B. was driving home some friends down a Chicago street, a large SUV ran a red light, causing a serious intersection collision. Mr. B.'s sedan was knocked into a wall and he was stunned when his air bags deployed. A few minutes later, he was stunned again to find out that he was the one who was charged with going through a red light and, even worse, DUI. Shortly thereafter, Mr. B. found out that the other driver's passenger was planning to sue him for damages.

At trial, attorney Harold Wallin's cross-examination of the other driver and the arresting police officer proved that the other driver had made a left turn into the intersection without looking at oncoming traffic and after Mr. B's vehicle had already begun to enter the intersection, thus causing the accident. Furthermore, Mr. Wallin successfully argued to the Judge that Mr. B.'s arrest was based upon no evidence showing that his driving had been impaired due to alcohol consumption. The court granted a "directed finding" and dismissed each charge against Mr. B.!