Can a DUI Be Dismissed Due to Lack of Probable Cause? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.
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Interview Transcript
Scott Michael Dunn: Can an Illinois DUI be dismissed due to lack of probable cause?
Joshua Boardman: Yes. And sometimes that is an informal manner, meaning we have done our job and put together a summary or presentation of what we feel to be inadequate areas and present that to the state’s attorney. That state’s attorney may or may not agree. I’ve had state’s attorneys basically put their hands up and say, “You’re right. We would not be able to succeed on this case on these facts at trial. So therefore, I’m dismissing. Sometimes probable cause issues find themselves into the contents of a motion to a pre-trial motion to suppress and we place that evidentiary question in front of a judge and we’ll let the judge decide. But under both avenues, dismissal can occur based on probable cause issues.
