People v MA (felony Aggravated DUI)

Steven H. Fagan

Case Conclusion Date:August 27, 2012

Practice Area:DUI / DWI

Outcome:Finding of no probable cause. All charges dismissed

Description:MA is arrested for DUI after the police watched him crash into decorations on the side of the road. He took the breath test, resulting in a 0.158. MA also didn't have an Illinois driver's license, which excited the Chicago Police - a DUI while unlicensed is a felony! The police did determine that MA possessed a valid driver's license from a foreign country, and that he was a full-time college student in the USA. What they didn't know was that that exempts MA from having an Illinois driver's license. Hence no basis for felony enhancement. The Judge, like many attorneys and apparently police officers, had never heard of this exemption, but did the right thing and found there was no probable cause to hold the case as a felony. The prosecutor then dismissed all charges.

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