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Second DUI Offense. Misdemeanor. Driver's License Revocation. Lake County, IL Sheriff. Lawyer Wins Case at Jury Trial.

Lake County DUI Jury Trial | Second or Repeat DUI Offense | Conviction Causing Driver's License Revocation | Waukegan Revoked License | Class A Misdemeanor Charge of Driving Under the Influence | Waukegan DUI Court | Lake County DUI Sheriff Arrest | Expunge Criminal Record of DUI | Sentence of Community Service for Second or Repeat DUI Offense | Expunge Lake County Sheriff Records | Standardized Field Sobriety Testing (FSTs) | Scientific Opinion on Intoxication and Being Under the Influence of Alcohol or DrugsLake County Sheriff arrests man for second DUI offense. Facing license revocation. Lewis Gainor wins jury trial. Download the court records

 

Waukegan driver's license attorney Lewis Gainor's client was stopped by a deputy from the Lake County Sheriff's office on May 2, 2004. His client was at a bar that night watching the Chicago Cubs baseball game. He drank a few beers over the course of the night.

 

The sheriff's deputy had seen the man walk into the bar and waited outside the bar for him to leave. As soon as the man had pulled out of his parking spot, the sheriff activated his emergency lights and stopped him.

 

"How much have you had to drink tonight?" the deputed asked. He ordered Lewis Gainor's client to get out of the vehicle and walk towards the rear of the squad. He had him perform field sobriety tests including the walk-the-line test, finger-to-nose test, and horizontal gaze nystagmus (in which the driver follows the deputy's pen with his eyes). The tests were recorded by the squad's video camera system. The deputy told the driver that he had failed all the tests and placed him under arrest.


The Lake County State's Attorney's Office prosecuted the client as a second offender. Because of this, the prosecution wanted a conviction and jail. A conviction for DUI would have the effect of revoking the man's driving privileges.

 

The trial began on December 6, 2004 and lasted for three days. Lake County driver's license lawyer Lewis Gainor thoroughly questioned the police officer in front of the jury, and dissected the field sobriety test video. The issue was that the deputy crossed in front of the driver as he was completing the walk-the-line test. By crossing his path, the deputy had inadvertently caused the man to veer off the line.

 

The jury found Lewis Gainor's client not guilty of all charges.

 

 

Jury Verdict in Lake County Circuit Court | Unanimous Verdict of Not Guilty for Driving Under the Influence of Alcohol (DUI) | Over Legal Limit of 0.08 Blood Alcohol Content (BAC) | Breathalyzer Machine Printout | Refusal to Take Chemical Test Resulting in Statutory Summary Suspension of Driver's License | Waukegan Courthouse | DUI Judges

Court Records

Lake County jury returns a verdict of not guilty.pdf
Sheriff deputy's sworn report as to the driver's intoxication.pdf