PL was parked in a handicapped spot in a west side Walgreens parking lot when he was approached by Chicago police officers last summer. The officers claimed he was emitting a strong smell of alcohol, had bloodshot eyes and slurred speech. They asked PL to exit his car in order to perform Standardized Field Sobriety Tests. PL failed the Horizontal Gaze Nystagmus test, and then refused further testing.
One of the great mistakes we see over and over again is people agreeing to take these tests when they know they will most likely fail. PL had consulted with us and decided it wasn’t in his best interest to continue with the One Leg Stand and Walk and Turn tests. At trial we were able to bring out testimony favorable to the defense through the arresting officer.
The Judge found that although it was likely PL was intoxicated, that the State’s attorneys were unable to overcome PL’s presumption of innocence. FINDING OF NOT GUILTY

