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Archive for November, 2011

Statutory Summary Suspension Rescinded, Motion to Quash Arrest and Suppres Evidence granted, and DUI case dismissed

November 14th, 2011 No comments

On November 11, 2011, in the case of People of the of State of Illinois v. S.R., a DUI prosecution in the fourth municipal district, Maywood, the trial court granted defendant’s Motion to Quash Arrest and Suppress Evidence, thereby suppressing the breathalyzer results from evidence, and resulting in the State’s dismissal of the case.  At a hearing on the Motion to Quash Arrest and Suppress Evidence, Adam Sheppard argued that the reason for the defendant’s stop — an improper turn in violation of section 11-801 of the Illinois Vehicle Code — was not legally justified.  Mr. Sheppard presented the trial court with a copy of the statute and case law regarding section 11-801.  The trial court determined that the stop was improper and granted defendant’s Motion to Quash Arrest and Suppress Evidence.  Mr. Shppard had previously obtained a rescision of the statutory summary suspension in this cause following a hearing wherein a trial judge found that there was no probable cause for defendant’s arrest.

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