The results of blood or breath tests are often the most important pieces of evidence in drunk driving cases, but police officers must be able to show that they had probable cause to pull the defendant’s vehicle over in the first place. Criminal defense attorneys may seek to have cases dismissed or charges reduced when probable cause can not be established, but this is unlikely to be case with an Illinois woman who was charged with driving under the influence in January 2016.
The woman was pulled over in Roselle on Jan. 23 after police received calls about a vehicle on Roselle Road that had what appeared to be a tree lodged in its front end. Police stopped the vehicle near Irving Park Road at approximately 11:10 p.m. When officers approached the 2004 Lincoln sedan, they noticed that the airbags had been deployed and a 15-foot tree had become lodged in the radiator grill. Officers say that the woman admitted to striking the tree.
Officers claim that the 54-year-old Schaumburg resident smelled of alcohol and displayed signs of intoxication, and they took her into custody after she failed a standard field sobriety test. She was charged with drunk driving, and she is scheduled to appear in a Dupage County court on April 15.
Individuals who have little experience with law enforcement often feel the need to explain themselves or politely answer questions when interviewed by police officers, but criminal defense attorneys would likely advise them to remain silent unless they have legal representation. Confessions are extremely powerful pieces of evidence, but they may be more difficult for police officers to obtain when criminal defense attorneys keep interviews moving and object to inappropriate questions.