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People v. CR
Case dismissed for client charged with possession with intent to deliver prescription medicine
CR was charged with possession with intent to deliver narcotics. According to the arresting officer, he witnessed CR pickup another individual in his car and the two purportedly engaged in a hand to hand transaction shortly thereafter. The officers stopped CR's vehicle and a search was conducted. The search revealed a distribution quantity of prescription medicine. Mr. Fiscella filed a motion to suppress and the matter went to hearing. At the hearing on the motion to suppress, Mr. Fiscella demonstrated that there was not probable cause to stop the vehicle in the first place. Since the narcotics were a direct product of this illegal stop and seizure, the narcotics were suppressed from evidence and the case was dismissed.
People v. AA.
No license suspension for client observed with glassy/bloodshot eyes, slurred/mumbled speech, and a strong odor of alcohol on his breath
AA was pulled over for going through a red light and weaving. The officers observed that AA had glassy/bloodshot eyes, slurred and mumbled speech, and smelled like alcohol. AA was placed under arrest and transported to the police station where he refused to take the breath test. Based on his refusal, AA's license was suspended for a year. However, following an evidentiary hearing, AA's license suspension was thrown out because Mr. Fiscella showed that the arrest was made without "reasonable grounds." Mr. Fiscella later proceeded to trial, and AA was acquitted of driving under the influence.
People v. VF.
Client found “not guilty” of felony DUI following bench trial
VF was arrested and charged with a class 2 felony DUI punishable by three to seven years in jail. At trial, Mr. Fiscella impeached several of the State's key witnesses and VF was subsequently found "not guilty" of the charge.
People v. MA.
Client acquitted of domestic battery charge based on self defense
MA was charged with domestic battery. Mr. Fiscella took the matter to trial and proved that MA was acting in defense of herself and her young child when she struck a member of her household. She was found "not guilty" of the charge.
People v. CC.
Blood results thrown out of court and case dismissed after successful motion to suppress
CC was arrested for driving under the influence of alcohol. He was involved in a single car accident and hospitalized due to his injuries. At the hospital, the police drew blood which showed that he was legally intoxicated. Mr. Fiscella filed a motion to suppress the results of that test, which the court granted. Since the blood was no longer admissible at trial, the State was forced to dismiss all charges against CC.
People v. GT.
DUI reduced to reckless driving
GT was stopped for aggravated speeding. After taking field sobriety tests, he was arrested on suspicion of drunk driving. Following a hearing contesting the suspension of his license, the prosecutor reduced the charge to "reckless driving" and GT was ordered to pay a fine.
People v. EM.
Driving without a license charge dismissed
EM was arrested and charged with driving without a license. EM never had a license and had several prior convictions for the offense. Mr. Fiscella worked with EM on taking the steps necessary to obtain a license. EM was able to get a license, and the State dismissed the case.
People v. AO.
DUI charge dismissed after field sobriety tests were thrown out of court
AO's car was stuck in a ditch following a single car accident. He began walking to look for help. About a mile up the road, he saw an officer who he approached for assistance. The officer immediately began questioning AO about driving under the influence and transported him back to AO's vehicle in a patrol car. Mr. Fiscella filed a motion arguing that AO was improperly placed under arrest when he was driven back to his car by the officer. The court granted the motion and ruled that all evidence obtained after the illegal arrest was inadmissible at trial, including the breathalyzer results. Shortly thereafter, the charges were dismissed.
People v. ST.
Felony identity theft charged reduced to misdemeanor
ST was charged with multiple felony counts of identity theft after he allegedly misused another individual's credit card. The case was negotiated with the prosecutor's office and the charged was reduced to one count of misdemeanor theft.
People v. HM.
Client acquitted of DUI charge despite multiple officers’ testimony that he failed all field sobriety tests
HM was stopped for speeding and subsequently arrested on suspicion of driving under the influence. According to the arresting officers, HM had difficulty understanding instructions and failed all field sobriety tests. Following a trial before a judge, HM was acquitted of driving under the influence.
People v. TP.
Client acquitted of stealing company laptop computer
TP was charged with theft of company equipment, including a laptop computer. At trial, police detectives and several witnesses from TP's former employer testified. At the close of evidence, TP was acquitted of all charges.
People v. SW.
DUI charge reduced to reckless driving and license suspension thrown out
SW was ordered out of a home and arrested because a car similar to his was seen driving erratically several blocks away. Field sobriety tests were administered and SW was subsequently arrested for driver under the influence of alcohol. His license was suspended for a year. Mr. Fiscella spoke with the prosecutor and got him to throw out the license suspension and reduce the charge to "reckless driving."
People v. IW.
Small business owner charged with battering a customer acquitted
IW, a small business owner, was arrested and charged with battery after using force to remove an unruly customer. Mr. Fiscella took the matter to trial and showed the Court that the complaining witness was incredible and her account of events should not be believed. Mr. Fiscella also argued that IW had a legal justification to use force to remove this individual who was trespassing and had battered IW. The trial judge agreed, and IW was found "not guilty" of the offense.
People v. SH.
License suspension rescinded for driver with breath test results above a .08
SH was stopped for improper lane usage. A subsequent breath test revealed a blood alcohol content above .08 and her license was suspended for six months. However, Mr. Fiscella filed a motion contesting the traffic stop and following a hearing, the court found that the stop was unlawful and the suspension was lifted.
People v. Crystal McCahill
Playboy Playmate’s DUI dismissed after successful motion to suppress breath test results
The Playboy Playmate featured as Miss May 2009 has avoided prosecution for suspicion of driving under the influence in Chicago. Crystal McCahill was stopped last January after running a red light. She told the officer she had been drinking at the Climax Bar, where she worked. The Chicago Police Department officer claims that McCahill voluntarily went to the district police station on the Near North Side, where a blood alcohol test revealed a BAC more than twice the legal limit for intoxication.
McCahill's Illinois DUI defense attorney countered that his client was arrested prior to going to the district station. Since the officer had not conducted a field sobriety test there was insufficient reason to place McCahill under arrest.
A Cook County Judge ruled that McCahill should not have been arrested on the scene for DUI in Illinois. Prosecutors are considering an appeal. A Chicago Police spokesperson said he felt the officer acted appropriately during the DUI investigation and felt the evidence showed McCahill was in fact intoxicated. Read More.
