Inaccurate Breath Test Machine. 0.099 Blood Alcohol DUI. Lake County, Illinois Court: Not Guilty. (Mundelein Police)

Recently, Lewis Gainor represented a man who was charged with driving under the influence by the Mundelein Police Department after a vehicle accident. The client was a student who had returned home for break when he went out with his friends. He was driving home on May 1, 2004 when he lost control of his vehicle and struck a concrete median. The car was completely disabled from the crash, so the driver stood by, waiting on the side of the road for the police.

The Mundelein police officer noticed the odor of alcohol on the driver’s breath. They initiated a DUI investigation, with standardized field sobriety tests and questioning. The driver admitted he had been drinking and also failed the field sobriety tests. The police cuffed the driver and took him to the station. Once he was there, the police had him take a breath test, and he blew 0.099. He was over the legal limit.

The driver retained Mundelein DUI lawyer Lewis Gainor, who appeared with him in court on October 20, 2004. The case went to trial, and the police officer who administered the field sobriety tests and the blood alcohol test testified under oath as to everything that occurred. The result of the breath test, 0.099, was admitted into evidence against the defendant.

But the case hinged on another factor: Mundelein DUI attorney Lewis Gainor was able to prove that the police officer did not abide by the Illinois State Police regulations governing breath testing procedures.

As a result, the result of the breath test was not reliable, and the man was found not guilty.

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Court Records

Mundelein police officer's sworn report concerning DUI accident.pdf

Driver in accident with 0099 BAC found not guilty.pdf

Copyright 2010 | Gainor & Gosch, PC is an Illinois law firm concentrating in criminal, DUI, driver's license suspensions, expungement, juvenile, traffic, municipal ordinance and professional license cases. From our offices in Chicago and Waukegan, we serve both Cook County and Lake County. Our criminal lawyers and defense attorneys assist clients with arrests from Skokie, Des Plaines, Evanston, Niles, Glencoe, Deerfield, Kenilworth, Morton Grove, Glenview, Northbrook, Northfield, Park Ridge, Wilmette, Winnetka, Lincolnwood, Cook County Sheriff, Cook County Forest Preserve, and the Illinois State Police. We represent clients with Lake County traffic tickets in Park City Traffic Court (Branch Court) at 301 Greenleaf Street in Park City, in Mundelein Traffic Court (Branch Court) at 105 East Route 83 in Mundelein, in Round Lake Traffic Court (Branch Court) at 1792 Nicole Lane in Round Lake Beach, and in Waukegan Traffic Court at 18 North County Street in Waukegan. As criminal defense and DUI attorneys, we represent clients with charges from Zion, Antioch, Waukegan, Fox Lake, Round Lake Park, Round Lake Heights, Gages Lake, North Chicago, Lake Bluff, Lindenhurst, Lake Villa, Vernon Hills, Mundelein, Buffalo Grove, Round Lake Beach, Park City, Beach Park, Wauconda, Hawthorn Woods, Kildeer, Lake Zurich, Gurnee, Grayslake, Libertyville, Lincolnshire, Riverwoods, Lake Forest, Highwood, Highland Park, and the Lake County Sheriff. We defend commercial driver's licenses (CDLs) in traffic court. We represent clients in the Second (2nd) Municipal District Courthouse at 5600 Old Orchard Rd in Skokie, as well as in the Third (3rd) Municipal District Courthouse at 2121 Euclid Ave in Rolling Meadows. We assist clients with Lake County Adult Probation (including supervision, supervised supervision, and conditional discharge) at the department's office at 15 South County Street in Waukegan. We are available for free consults with defendants in custody at the Robert H. Babcox Justice Center (Lake County jail) at 20 South County Street in Waukegan, as well as the Robert W. Depke Juvenile Justice Complex Minard E. Hulse Juvenile Detention Center at 24647 North Milwaukee Avenue in Vernon Hills. If you or someone you love has been arrested and charged with a criminal offense, and the court appointed an attorney from the Lake County Public Defender's Office, we offer payment plans and, in pursuit of our Christian mission, we accept some cases pro bono. If you have an arrest warrant, contact us for a free consult. We offer low-cost, affordable payment plans that some may even consider cheap. We even accept credit cards. If you missed a court date, we can assist you with changed court dates, bench warrants, motions to quash warrants, and motions to vacate bond forfeitures. Se Habla Espanol.