Summary Suspension

[ckasinecz]

On Christmas day I was arrested in my home one hour and forty eight minutes after having my car stuck in the snow ( I live in suburbs of Chicago..very harsh winter). I walked about one mile to my home where upon I drank some brandy with eggnog (as it still was Christmas.) Then I went to sleep. A half hour later. the police woke me from my slumber and had me go outside to perform the roadside tests and then arrested me for DUI. At the station I blew a .10 on the breathaliser. My Summary Suspension Hearing was on January 24th at which time the Summary Suspension was recinded because the judge ruled that the arresting officer did not have probale cause to arrest me. They could not prove that my drinking and driving were concurrent events.
My questions for all you legal guys is: Why must this trial go on? Shouldn't the whole thing be dropped at some point? Why go thru the whole process and empanel a jury to find reasonable doubt if the judge has already found no probable cause? I am so confussed any antidotes, stories or advice would be much appreciated.

 

[PenneeCandie]

C, are you sure there is going to be a trial by jury? I would think that you are going to go before the judge and he will review the case and then dismiss the charges. Not sure though. Do you have an attorney?

 

[ckasinecz]

Yes I have an attorney and Ican choose a bench trial or a jury trial. The better option is always a jury trial. I don't believe that a jury of twelve of my peers will convict me based on all the evidence. However, I do believe that all parties involved ( the judge, the prosecutor and my defense lawyer) all understand that this is a very flimsy case. My question: Shouldn't this case be thrown out before it reaches trial? and by whom?