DUI's in the Skokie Courthouse

 Posted on August 09,2013 in Criminal defense lawyer

If you were arrested for a DUI in the cities of Deerfield, Des Plaines, Evanston, Glencoe, Glenview, Golf, Kenilworth, Lincolnwood, Morton Grove, Niles, Northbrook, Northfield, Park Ridge, Skokie, Wilmette or Winnetka you will be appearing in court in the Skokie Courthouse. In this blog and several to follow, we will be discussing various aspects on how to combat a DUI case in which a breath, blood or urine sample was not given.

The term used to describe a DUI with no chemical testing is "A-2". This refers to the statute that enables a person to be charged with a DUI without chemical evidence. For cases of this type, the Court will listen to evidence based on the officers observations of the defendant and their performance on the Field Sobriety Tests (FST's).

The first test officers often give a suspect during a DUI traffic stop is know as the Horizontal Gaze Nystagmus Test (HGN). Nystagmas is characterized as involuntary "jerking" of the eyes when the suspect is asked to follow or track the tip of the officers finger with his eyes only. The three main "clues" officers look for are: 1) lack of smooth pursuit, 2) distinct jerking at maximum deviation, 3) and an onset angle less than 45 degrees. If this all sounds strange to you, rest assured it sounds strange to many officers and Judges as well. Although most officers will conduct this test, it is probably the lease reliable of all the FST's and given the least weight in court.

Please check back soon for a discussion of the Walk and Turn test.

Mr. Gebhardt has extensive experience in the fields of criminal and traffic law. He was formally a prosecutor for the Cook County State’s Attorney’s Office.