Lake County Sheriff arrests man for second DUI offense. Facing license revocation. Lewis Gainor wins jury trial. Download the court records
Waukegan driver's license attorney Lewis Gainor's client was stopped by a deputy from the Lake County Sheriff's office on May 2, 2004. His client was at a bar that night watching the Chicago Cubs baseball game. He drank a few beers over the course of the night.
The sheriff's deputy had seen the man walk into the bar and waited outside the bar for him to leave. As soon as the man had pulled out of his parking spot, the sheriff activated his emergency lights and stopped him.
"How much have you had to drink tonight?" the deputed asked. He ordered Lewis Gainor's client to get out of the vehicle and walk towards the rear of the squad. He had him perform field sobriety tests including the walk-the-line test, finger-to-nose test, and horizontal gaze nystagmus (in which the driver follows the deputy's pen with his eyes). The tests were recorded by the squad's video camera system. The deputy told the driver that he had failed all the tests and placed him under arrest.
The Lake County State's Attorney's Office prosecuted the client as a second offender. Because of this, the prosecution wanted a conviction and jail. A conviction for DUI would have the effect of revoking the man's driving privileges.
The trial began on December 6, 2004 and lasted for three days. Lake County driver's license lawyer Lewis Gainor thoroughly questioned the police officer in front of the jury, and dissected the field sobriety test video. The issue was that the deputy crossed in front of the driver as he was completing the walk-the-line test. By crossing his path, the deputy had inadvertently caused the man to veer off the line.
The jury found Lewis Gainor's client not guilty of all charges.
