On February 23, 2010, in the Maywood courthouse, in the case of People of the State of Illinos v. J.S.(2009), Sheppard & Associates successfuly employed a novel defense to the charge of Driving Under the Influence of Alcohol.  The defense: Chronic Fatigue Syndrome.  Through expert testimony, Barry Sheppard adduced that the symptoms of Chronic Fatigue Syndrome – which the defendant had been diagnosed with – simulated several of the symptoms of being under the influence of alcohol…poor cognitive ability, poor balance, extreme drowsiness.  The defendant had failed all field sobriety tests and the in-squad video depicted the defendant with poor balance.   The defendant had also fled and eluded the officers when they attempted to stop him, resulting in a lenghty police chase.  Notwithstanding these facts, based on the expert testimony concerning Chronic Fatigue Syndrome, the court found there to be reasonable doubt as to whether the defendant’s condition was attributable to alcohol consumption or whether he was suffering a bout of Chronic Fatigue Syndrome.    For more on “CFS,” see http://en.wikipedia.org/wiki/Chronic_fatigue_syndrome