Case Result
Winning a Motion to Dismiss a Suspended License Citation Without a Hearing
By: Attorney Derek Martin
A Spanish-speaking driver pulled over during an active DUI-refusal suspension — allegedly for an obstructed windshield that didn't exist — gets every citation dismissed when dash-cam footage proved the stop was baseless.
In early 2019, a client had an active 12-month suspension for refusing to blow after being suspected of DUI. While his DUI was pending, he could only legally drive if his suspension was rescinded or he installed a BAIID system. Unfortunately, he was pulled over on Chicago’s west side while his license was suspended.
For police to stop a vehicle, they need reasonable suspicion that a law had been, was being, or was about to be violated. Our client — who only spoke Spanish — insisted he hadn’t committed any moving violation. The citation said a speaker was hanging from his rearview mirror, obstructing his view.
When we reviewed the dash-cam footage, we had a clear view from the officer’s perspective. For over a minute of Chicago city-street driving, our client did nothing wrong: no speeding, no lane changes without signals, registration current. Most importantly, the video showed nothing hanging from his rearview mirror. Not a speaker, not an air freshener — nothing.
We filed a motion to quash and suppress, handed the State’s Attorney a courtesy copy of the case law on “material obstruction,” and reminded him to watch the video. An hour later, the Assistant State’s Attorney told the judge that upon review of the motion, video, and case law, the state would not proceed — and elected to dismiss all citations.
That’s how you sometimes win a motion without having to argue the entire thing in court.
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