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Defendant Not Guilty of DUI Alcohol on Theory that Defendnat Could Have Been Under the Influence of Cannabis, Not Alcohol

January 16th, 2012 Leave a comment Go to comments

In the case of People of the State of Illinois v. W.A. (2012), in the Rolling Meadowws courthouse, Third Municipal District, Sheppard Law Firm obtained an acquittal on behalf of its client who was charged with Driving Under the Influence of Alcohol.  The defendant had been stopped for a traffic violation.  The officer smelled alcohol on defendant’s breath but also smelled cannabis in the vehicle and cannabis “blunts” were also recovered.  A videotape of the defendant’s arrest had shown the defendant with poor balance and failing the field sobriety tests.  Sheppard Law Firm advanced a legal defense at trial, arguing that there was reasonable doubt as to whether the defendant was under the influence of alcohol or whether he was under the influence of cannabis.  The State had not charged the defendant with driving under the combined influence of alcohol and cannabis.  Rather, the defendant had only been charged with driving under the influence of alcohol.  Given the charges,  Sheppard argued that the State was required to prove that it was alcohol which impaired the defendant.   The trial court agreed with Sheppard’s argument and found the defendant not guilty.

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