JESUS PEREZ AND ASSOCIATES Attorneys and Counselors at Law. JESUS PEREZ RECENT DUI and TRAFFIC CASE HIGHLIGHTS

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1 JESUS PEREZ AND ASSOCIATES Attorneys and Counselors at Law 4111 South Richmond Chicago, IL Phone (773) Fax (773) JESUS PEREZ RECENT DUI and TRAFFIC CASE HIGHLIGHTS PAST RESULTS DO NOT GUARANTEE FUTURE SUCCESS OF CASES. EACH CASE IS DIFFERENT. OUTCOMES OF CASES WILL VARY DEPENDING ON THE FACTS AND THE LAW AND OTHER FACTORS. CALL ATTORNEY JESUS PEREZ TO DISCUSS YOUR CASE. January 2016; Misd DUI 2 nd Offense; Finding of not guilty after a stipulated bench trial despite evidence of strong odor of alcoholic beverage coming from the vehicle and defendant s breath, bloodshot eyes, slurred speech, one open beer can and three closed beer cans in the vehicle, videotape of field sobriety tests and refusal to take the breath test. However, Attorney Perez was able to convince the Judge that the field sobriety tests were invalid because the police officer did not administer them properly. December 2015; Misd DUI; Finding of not guilty after a stipulated bench trial despite evidence of strong odor of alcoholic beverage coming from the vehicle and defendant s breath, bloodshot eyes, slurred speech, three open beer bottles in the vehicle, refusal to do field sobriety tests and the breath test and videotaped evidence of weaving within the lane and crossing lanes. July 2015; Misd. DUI; Charges amended to Reckless Driving and the Defendant pled guilty and was sentenced to six months of supervision on the day matter was set for Hearing on Motion to Quash Arrest challenging the validity of a stop for no headlights, despite a BAC of.124. July 2015; Misd. DUI; Case dismissed on date the case was set for the Petition to Rescind Statutory Summary Suspension Hearing in exchange for a plea of guilty to petty offenses of Driving without a Valid Driver s License and Improper Lane Usage. July 2015; Misd. DUI; Finding of Not Guilty after a stipulated bench trial despite the police officer s testimony that the Defendant was speeding, crossed the center line three times, crossed the fog line two times, had a strong odor of alcoholic beverage, his eyes were glassy and bloodshot, failed the HGN test and refused to take a breathalyzer test. June 2015; Misd. DUI; Finding of Not Guilty after a bench trial despite the police officer s testimony that the Defendant hit a parked car, admitted drinking and driving; had a hard time maintaining balance, had a strong odor of alcoholic beverage on his breath, and red bloodshot and watery eyes. June 2015; Aggravated Driving with a Revoked Driver s License; Class 4 Felony; Charges dismissed after a successful Motion to Quash Arrest and Suppress Evidence where it was shown through cell phone records and a witness who was a passenger

2 that the Defendant was not speaking on his cell phone when the police officer pulled him over despite the police officer s testimony that he pulled the Defendant over because he believed that the Defendant was speaking on his cell phone. May 2015; Misd DUI, 1 st offense; DUI dismissed on date of trial in exchange for a plea of guilty on the petty offenses of negligent driving and driving with open alcohol. February 2015; Misd. DUI, 1 st offense; Finding of not guilty after a stipulated bench trial where the evidence presented was that the Defendant failed to maintain his lane, had a strong odor of alcoholic beverage on his breath, had glassy and bloodshot eyes, admitted to drinking three beers, and failed field sobriety tests. February 2015; Misd. DUI 1 st offense; Case dismissed after a successful Motion to Quash arrest and Suppress evidence due to an improper stop where the Police Officer pulled the Defendant over after a second motorist followed the Defendant and had a face to face encounter with Police Officer on the road to report that the Defendant was weaving on the roadway. Suppressed evidence included a strong odor of alcoholic beverage emitting from Defendant s breath, red bloodshot eyes, slurred speech, admission to consumption of three or four beers, vomit on the Defendant s clothes and in the vehicle, and videotaped field sobriety tests. January 2015; Misd. DUI, 2 nd Offense; Finding of not guilty after a bench trial despite the testimony of two Police Officers that the Defendant was pulled over after the rear passenger was observed not wearing his seatbelt in a seatbelt enforcement zone, the Defendant had a strong odor of alcoholic beverage on his breath, had mumbled speech, slight bloodshot eyes, admitted to drinking six beers, and failed two out of three standardized field sobriety tests. October 2014; Misd. DUI, 2 nd offense; Case dismissed after a successful Motion to Quash arrest and Suppress evidence due to an improper stop where the Police Officer pulled the Defendant over for Obstruction of Traffic where it was proven that there no actual traffic obstructed and the Defendant was in the process of parking his car. Suppressed evidence included a strong odor of alcoholic beverage emitting from Defendant s breath, droopy eyes, mumbled speech, admission to consumption of two beers, failed field sobriety tests and a BAC of.215. September 2014: Felony DUI; Case dismissed after a successful Motion to Quash arrest and Suppress evidence due to lack of Particular Probable Cause to require the Defendant to take a breathalizer test despite the Police Officer s testimony that he stopped the Defendant for speeding and noticed an odor of alcoholic beverage on his breath and blood shot eyes. Evidence that was suppressed included a BAC of.117. July 2014; Misd DUI and Driving on a Revoked/Suspended Driver s License; Finding of Not Guilty after a bench trial despite the Police Officer s testimony that he investigated a car crash where a truck apparently crashed into seven parked cars, the Defendant was found within 10 to 20 feet of outside of the truck, the Defendant had a very strong odor of alcohol, could not stand, had vomited and urinated on himself, and the truck had vomit on the inside of the car, on the driver s seat and steering wheel. May 2014; Misd DUI 2 nd Offense; Case dismissed after successful Petition to Rescind Statutory Summary Suspension after Judge told the State that he was very troubled with the officers testimony in that it was contradicted by the video of the stop where

3 the officer testified that the Defendant was speeding and did not proceed to a green light, had bloodshot eyes, a strong odor of alcohol, mumbled and thick tongued speech and said I m not good. May 2014; Misd DUI and Driving on a Suspended DL reduced to petty offense of Negligent driving on date of trial due in part to Speedy Trial Demand and Motion for Sanctions and Motion to Quash Arrest; Despite the police report indicating a single car accident, strong odor of alcoholic beverage on the Defendants breath, difficulty in walking, bloodshot and glassy eyes, slurred speech, admission to drinking and a BAC of.147. The Defendant pled guilty to Negligent Driving and was sentenced to 12 mos supervision, 40 hours of community service and a victim impact panel. April 2014; Misd DUI; Finding of Not Guilty after a bench trial despite 2 police officers testifying that the Defendant went through a stop sign at a high rate of speed, had a strong odor of alcoholic beverage on his breath, bloodshot eyes, flushed face, slurred speech, admitted to drinking a couple of beers, swayed while walking, and was very beligerent. February 2014; Misd. DUI; Case dismissed after a successful Motion to Quash arrest and Suppress evidence due to an improper stop where the Police Officer pulled the Defendant over after giving his parked car 2 parking tickets 15 minutes before pulling his car over for improper lane usage after she saw him drive for a couple of blocks. Suppressed evidence included a strong odor of alcoholic beverage emitting from Defendant s breath, bloodshot and glossy eyes, slurred speech, admission to consumption of alcoholic beverages, four empty beer cans, and failed field sobriety tests. February 2014; Misd DUI; Finding of Not Guilty after a bench trial despite the Police Officer s testimony that the Defendant was found asleep at a train crossing, with the engine on, he had to be awoken by pounding on the car door window, fumbled with the gear shift, had a strong odor of alcoholic beverage coming from his breath, bloodshot eyes, swayed while standing and admitted to drinking four beers. February 2014; Misd. DUI and Leaving the Scene of an Accident; Finding of not guilty on both counts after a bench trial despite the officer s testimony that he observed the Defendant to have an odor of alcoholic beverage, bloodshot eyes, admitting to one drink, and swayed walking as well as a video tape of the Defendant s vehicle taking a red light and hitting another vehicle in the intersection and stopping a block away. January 2014; Misd DUI; Case dismissed after a successful Motion to Quash arrest and Suppress evidence due to an improper stop where the Police Officer pulled the Defendant after a second motorist followed the Defendant and had a face to face encounter with a State Trooper on the side of the road to report that the Defendant was weaving on the expressway. Suppressed evidence included a strong odor of alcoholic beverage emitting from Defendant s breath, bloodshot and glossy eyes, slurred speech, admission to consumption of alcoholic beverages, videotaped field sobriety tests, and a BAC of.141. November 2013; Misd DUI 2 nd offense; Case dismissed after a successful Motion to Quash arrest and Suppress evidence due to an improper stop where the Police Officer pulled the Defendant over for allegedly driving in the wrong lane of traffic.

4 Suppressed evidence included strong odor of alcoholic beverage, slurred speech, admission to drinking alcoholic beverage, and videotaped failed field sobriety tests. October 2013; Misd DUI 2 nd offense; Defendant had demanded a jury trial; State dismissed case after where the Defendant allegedly failed to maintain his lane of traffic; failed the Standardized Field Sobriety Tests and had a BAC of.078 one hour after the traffic stop. September 2013; Misd DUI 2 nd offense; Finding of not guilty after a bench trial despite the police officer s testimony that the Defendant was speeding, swerved and almost hit the curb, turned right without a turn signal, strong odor of alcohol, bloodshot watery eyes, admission to drinking two beers and failed field sobriety tests. August 2013; Misd DUI 2 nd offense; 2006 DUI dismissed due to State s inability to meet their burden of proof. July 2013; Misd DUI; 1996 DUI dismissed due to State s inability to meet their burden of proof. July 2013; Felony DUI; Case dismissed after a Finding of No Probable Cause at the Pre-liminary hearing despite the police officers testimony that the Defendant was asleep at the wheel, with his foot on the brake, the engine running, the gear in drive, and after multiple attempts to awake the defendant, the police were forced to break the car window. After getting the Defendant out of the car, the police observed a strong odor of alcoholic beverage on the Defendant s breath, bloodshot eyes, slurred speech and the Defendant did not have a valid driver s license. July 2013; Misd DUI 2 nd offense; Case dismissed after a successful Motion to Quash arrest and Suppress evidence due to an improper stop where the Police Officer pulled the Defendant over for not turning left immediately at a green light. Suppressed evidence included strong odor of alcoholic beverage, slurred speech, admission to drinking alcoholic beverages, and videotaped failed field sobriety tests. May 2013; Misd. DUI 2 nd offense; Finding of not guilty after a bench trial where the police officer testified that he saw a black Cadillac with heavy front end damage pass in front of his squad car, then received a call regarding a black Cadillac involved in a hit and run, and after pulling over the Defendant s vehicle, the Defendant was arrested and failed field sobriety tests at the police station. May 2013; Felony DUI; Finding of not guilty after a bench trial where the police officer testified that the Defendant went into his car through the passenger side door and turned on the car and lowered the radio then failed Field Sobriety Tests and had a BAC of.235. April 2013; Misd. Leaving the scene of an accident; Case dismissed after Speedy Trial Demand. Defendant was arrested and charged after receiving a letter in mail from the police, going to the police station without an attorney and allegedly making an admission. April 2013; Misd. DUI amended to Misd. Reckless Driving (due in part to a continued demand for trial) where the Defendant blew a.081 BAC and had no valid driver s license. Defendant sentenced to 4 months supervision with $0 fine. January 2013; Misd. Driving on a Revoked Driver s license; Case dismissed after a successful Motion to Quash arrest and Suppress evidence due to an improper stop where the Police Officer pulled the Defendant over for having a leather string and shark tooth hanging from his rearview mirror allegedly obstructing his view.

5 January 2013; Aggravated DUI with Great Bodily Harm; Possible extended term sentence of 1 to 12 years in prison; Actual Sentence after 402 Conference: 30 months Felony Probation with 4 and ½ months in Cook County Jail where Defendant s emergency room blood draw was over the legal limit and he crashed into a pole causing his passenger to be paralyzed from the waist down. December 2012; Misdemeanor DUI reduced to petty offense of negligent driving on date of trial despite Defendant allegedly leaving the scene of an accident, having strong odor of alcohol on his breath, blood shot eyes, slurred speech and open alcohol in his vehicle. November 2012; Felony Aggravated DUI and Reckless Homicide; Possible sentence of 3 to 14 years; Negotiated Plea on day of trial of 4 years at 50%, time served after strenuous preparation including the use of an expert witness to challenge the State s blood draw and an expert witness showing that the vehicle may have malfunctioned. October 2012; Misdemeanor DUI finding of not guilty after a bench trial despite police officers testimony that the Defendant had hit a police car, fled the scene and failed field sobriety tests. May 2012; Misdemeanor DUI dismissed on trial date due to State s inability to prove that the Defendant was the correct person. The Defendant was arrested while at a City of Chicago satellite office getting his fingerprints for immigration purposes. Chicago Police arrested the Defendant for a 2001 DUI that was for another person with the same name. January 2012; Finding of Not Guilty after bench trial despite the police officer s testimony that the Defendant crashed her car into a parked car, had a strong odor of alcoholic beverage on her breath; had slurred speech and leaned on her car for support. Blood draw taken at hospital showing a blood alcohol level of.19 was never admitted into evidence because the State was unable to procure the necessary witnesses due to Speedy Trial Demand and that charge was dismissed before trial. November 2011; Misdemeanor DUI dismissed after successful Motion to Quash Arrest and Suppress Evidence due to improper stop. Stop was based upon alleged improper lane usage, however, the officer testified at hearing that there were no clearly marked lanes. Evidence suppressed included a strong odor of alcoholic beverage, bloodshot/watery eyes, flushed face, failed field sobriety tests, portable breath test BAC of.140 and breathalizer test results of.139 BAC. October 2011; Misdemeanor DUI 2 nd Offense; Case Dismissed for Speedy Trial Violation. Defendant was stopped for driving without headlights and was alleged to have been driving under the influence. October 2011; Misdemeanor Driving Under the Influence of Marijuana; Case dismissed for Speedy Trial Violation. Previously, Petition to rescind statutory summary suspension was granted based on no reasonable grounds to arrest despite Police officers testimony that Defendant was stopped at a roadside safety check, strong odor of marijuana coming from his car and clothing, and an admission that he had smoked a joint an hour ago. September 2011; Misdemeanor DUI; Case dismissed after successful Motion to Quash Arrest and Suppress evidence due to improper stop. Stop was based on Speeding where Police Officer testified that he paced the Defendant s vehicle for three blocks to determine his speed was 45 mph in a 25 mph speed zone. Suppressed evidence included strong odor of alcoholic beverage, swayed balance, and failed field sobriety tests. July 2011; Misdemeanor DUI 2 nd Offense dismissed after successful Motion to Quash Arrest and Suppress Evidence due to improper stop. Stop based on Anonymous Report of Drunk Driving and Improper Lane Usage. Suppressed evidence included observations of slurred

6 speech, failed field sobriety tests, strong odor of alcohol, suspended driver s license, open alcohol, video taped evidence and a BAC of.200. July 2011; Felony DUI dismissed after successful Motion to Quash Arrest and Suppress Evidence due to improper stop. Stop based on alleged Improper Lane Usage. Evidence suppressed included bloodshot eyes with heavy lids, moderate odor of alcoholic beverage, slurred speech, admission to drinking three beers, swayed walking, no valid driver s license, and a BAC of.157. March 2011; Misdemeanor DUI dismissed after successful Motion to Quash Arrest and Suppress Evidence based on no probable cause to request that the Defendant submit to a portable breath test. Evidence suppressed included admission to drinking, failed field sobriety tests, video taped evidence and a BAC of.140. February 2011; Petition to Rescind Statutory Summary Suspension granted and Misdemeanor DUI dismissed after a hearing showing no reasonable grounds to arrest for DUI despite the police officer testifying that the Defendant made an illegal U-turn, drove without headlights, had a strong odor of alcoholic beverage on his breath, glassy and bloodshot eyes, and the Defendant admitted to drinking a couple of beers at an office party. January 2011; 2 nd offense Misdemeanor DUI dismissed based on Speedy Trial Act where the Defendant was alleged to be driving drunk on New Year s Eve. October 2010; Misdemeanor DUI dismissed despite a BAC of.219 after extensive discovery requests revealed that the breath technician s certification had expired. October 2010; Misdemeanor DUI. Finding of Not Guilty after bench trial where the police officer testified that the Defendant was drag racing, mild odor of alcoholic beverage on breath, failed field sobriety tests, and a BAC of.087. The Defense use of an expert witness put into question the results of the breath test. July 2010; Misdemeanor DUI. Finding of Not Guilty after a bench trial despite testimony by the arresting officer that the Defendant avoided a traffic control devise, did not maintain his lane, admitting to drinking alcohol, and failed field sobriety tests. July 2010; Misdemeanor DUI. Charges amended to Reckless Driving on day of trial despite the police officer appearing in court and video taped evidence of failed field sobriety tests and arrest. May 2010; Aggravated DUI case dismissed after successful Motion to Quash Arrest and Suppress Evidence based on an improper stop. Stop based on alleged Improper Parking on side of the road. Suppressed evidence included strong odor of alcoholic beverage, watery and bloodshot eyes, admission to drinking, video taped evidence, and failed field sobriety tests. May 2010; Misdemeanor DUI case dismissed after successful Motion to Quash Arrest and Suppress Evidence based on no probable cause to arrest despite testimony from the arresting officer that the Defendant was sleeping behind the wheel in the intersection, with the keys in the ignition and the engine running. Suppressed evidence included strong odor of alcoholic beverage, admission to drinking three large glasses of vodka and Red Bull, and no valid driver s license. April 2010; Aggravated DUI case dismissed after successful Motion to Quash Arrest and Suppress evidence based on improper stop and no probable cause to arrest despite testimony from the arresting officer that the Defendant failed to make a complete stop at a stop sign and made furtive movements after pulling over. Suppressed evidence included strong odor of alcoholic beverage, bloodshot glassy eyes, poor motor skills, open alcohol, no driver s license, failed field sobriety tests, video taped evidence, and a BAC of.157 This is just a sample of the successful cases handled by Attorney Jesus Perez within the recent past. Attorney Perez has been fighting hard for his clients since His hard work, trial skills, experience and aggressiveness have led to acquittals in cases that may have otherwise had dire

7 consequences for his clients. Attorney Perez believes in protecting our individual rights as provided for by the Illinois and United States Constitutions and the Bill of Rights. PAST RESULTS DO NOT GUARANTEE FUTURE SUCCESS OF CASES. EACH CASE IS DIFFERENT. OUTCOMES OF CASES WILL VARY DEPENDING ON THE FACTS AND THE LAW.