McHenry County IL DUI
Slurred Speech Case
So I recently went to jury trial on a McHenry County IL DUI case. We had subpoenaed the video tape so we knew that our client did not slur her speech during the stop. At trial we got the police officer to admit as much. However, you will not believe the argument that the prosecuting attorney made at trial to the jury.
He said just because the driver didn’t slur her speech that is not evidence that she was NOT intoxicated.
Basically, in a DUI trial the state will always argue that slurred speech is an indication of intoxication. And now we know the answer to the opposite question: Lack of slurred speech is NOT an indication of sobriety. So, as it turns out … you are damned if you slur, and damned if you don’t slur. I always recommend that drivers who have never had a DUI simply refuse to do any field sobriety tests, breathalyzer and limit your discussions with the police. Because they will say that anything you do, slurring or not, means that you are intoxicated. If you carefully retrieve your driver’s license from your wallet, they will say that you were confused and moved slowly. If you have it ready when the officer arrives at the window, then you knew you were guilty of something.
Law Dude, Ray Flavin, Trial Attorney in McHenry County Illinois. His law offices are located across the street from the McHenry County IL Courthouse in Woodstock, IL. Visit Ray’s other website @ www.rayflavin.com.
Mobile: 815-334-9004
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