Innocent till Proven Guilty? Not in Naperville Illinois. Suspected of DWI? Assumed Guilty by the City.
Our St Louis DWI defense law firm handles hundreds of DWI cases every year. A good percentage of our clients are either factually innocent or the police acted inappropriately and the evidence was obtained unconstitutionally. We have even had cases where our client's breath results were below the legal limit of .08 BAC, yet the police charge them anyways. Below is an example of one case of an innocent man, wrongfully arrested, and the police paid for it!
Man arrested for DUI sued the city after his arrest and settled his lawsuit against Naperville for $10,000. Local CBS DUI News Story. He claimed that he was humiliated when the city released the the defendant reportedly admitted to drinking four to five beers at a Memorial Day fest, and failed a field-sobriety test, he blew a 0.0 on the Breathalyzer test administered at the time of arrest.
His lawsuit accused Naperville police of engaging in "a pattern of false DUI arrests", particularly during the time frame between Memorial Day and the Fourth of July. With local and state revenue down, the defendant charged police with trying to boost proceeds along with recognition to the city.
The man was ultimately released without charges filed on May 30. The reason for the lawsuit focuses on his treatment as a charged defendant, with his mug shot and fingerprints taken and his embarrassment when the information was reported and printed in the newspaper.
Illinois is only one of many states cracking down on everything from minor traffic offenses to DUI offenders, in the hopes of bringing in more revenue to their respective cities and counties. Whether or not this episode was part of a planned operation to falsely accuse residents of driving while intoxicated is up for debate. However, it may behoove the infamous state of Illinois to be better stewards of their legally gained tax monies rather than involve themselves with yet another indiscretion that magnifies the corrupt goings-on's of the state.