State’s Attorney Wins DUI Case without Breathalyzer Test Results

The following press release has been received from the Office of McHenry County State’s Attorney Lou Bianchi:

McHenry County State’s Attorney’s Office Wins Difficult DUI Case

McHenry County State’s Attorney, Louis A. Bianchi, is pleased to announce a recent victory on a DUI offender.

Assistant State’s Attorney’s Robert Malen and Patrick Kenneally won a DUI jury trial in the matter of People v. Dominique Miller.

This was a challenging case for several reasons.

When officers arrived at the scene the defendant

  • was not in her vehicle and was later found walking near the area;
  • there were no field sobriety tests conducted due to the defendant’s hip injury; and
  • the defendant submitted to a breath test which resulted in a BAC below the legal limit.

After the trial started, the breath operator informed prosecutors that he was not certified to operate the breath machine at the time of the test. As a result, the breathalyzer results were excluded.

Despite this fact, prosecutors continued with the trial even though it seemed almost impossible to win. They fought hard, gave passionate closing arguments and were victorious. We are once again proud of our attorneys’ performances and successes.

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The arrest was made November 27, 2008, by the McHenry County Sheriff’s Police on Emery Road near Pleasant Valley Road.

The photo is of McHenry County Assistant State’s Attorney Robert Malen.


Comments

State’s Attorney Wins DUI Case without Breathalyzer Test Results — 1 Comment

  1. Under the legal limit? Still convicted? Lol. What did they win, 30 days in jail the state has to pay for.

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