Can a DUI Case Be Dismissed Before Trial in Illinois? 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 a DUI Case Be Dismissed Before Trial in Illinois?
Joshua Boardman: Absolutely. It can be dismissed for a number of reasons. I will start by saying it is uncommon. Cases are that if a law enforcement packet has hit a state’s attorney’s desk and they have the evidence needed to support the elements of filing a DUI, chances are they’re not going to flip around and just dismiss that readily. But it does happen because of facts that were discovered throughout the discovery process or the facts maybe not as supported. Did the law enforcement officer not correctly participate in either the traffic stop or any sort of search and seizure issues later on? It can be dismissed as part of a plea deal if there’s other charges that defendant is facing. It can be dismissed by the strength of the negotiations of the criminal defense attorney. So, it happens. It’s rare, but it does happen.