JUDGE DECLARES ARREST ILLEGAL!

April 20, 2000 | People v. Marshal H.:

Mr. H. was visiting Chicago from another state and was trying to save money by sleeping in his car. He was surprised to be awoken by an officer and then charged with driving while under the influence of alcohol. Mr. Wallin argued to the Court that Mr. H. was illegally arrested without probable cause to believe that he was under the influence of alcohol, based on the total lack of evidence to show that Mr. H. was confused in any way, shape or form. After the motion was granted, the State dropped all charges. Prior to the hearing, Mr. Wallin successfully obtained a rescission of Mr. H’s statutory summary suspension.

Afterwards, Mr. H. thanked Wallin for his thorough preparation, which included coming to court with a copy of a United States Supreme Court case that was issued the day prior to the hearing. Here is an excerpt from Mr. H.’s letter:
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