CAN AN OFFICER’S PREJUDICE BE A DEFENSE TO DUI?

You had an argument with your wife, and the police came to your house.  After you both cooled off, the officer gave you a stern talk but decided not to make an arrest.  The very next night, the same officer pulled you over for DUI on what seemed like a trumped-up excuse.

You believe the officer has it in for you.  Is that a defense to your DUI?

In truth, each DUI case is unique. An officer’s dislike, prejudice or grudge against you could make a difference to a judge.  However, few officers are likely to admit under oath their belief that you or people like you are bad news.

Bear in mind that many villages have a small police force.  As such, it is hardly unusual for the same officer to arrest the same defendant more than once. Therefore, a judge may not be willing to dismiss your case based on repeated arrests by the same officer.

If you have real evidence of bias or prejudice, you could testify about it at trial, or better still, have another witness testify on your behalf.  Did a passenger in your car hear the officer make racist remarks or state that he wanted to “make you pay?”

Even if you can prove an officer had a grudge against you, the outcome of your DUI will likely stand on whether the state can prove beyond a reasonable doubt that your driving was impaired.

If you are arrested for DUI or a similar offense, contact an experienced attorney immediately. An attorney can review your case for your best possible defense.  Did the officer have probable cause to arrest you or was their cause based on prejudice against you?  Can the state prove all the elements of your crime beyond a reasonable doubt?  Even if the officer acted legally and the evidence is overwhelming, an attorney who is respected in the courthouse, may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email  matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)