Libertyville police charge man with drunk driving. Lewis Gainor gets case dismissed without a trial. Download the court records
Lake County defense lawyer Lewis Gainor successfully represented a man who had been arrested for DUI in 2004 by the Libertyville Police Department. The police pulled the man over for speeding when his automobile was traveling at a rate of 38 m.p.h. in a 25 m.p.h. speed limit zone. What began as an ordinary traffic stop would result in misdemeanor charges of drunk driving as well as numerous traffic tickets. One of those tickets, for driving without proof of insurance, carried a potential fine of up to $1,000.
For Lewis Gainor's client, it was his second DUI offense. As a result, if he were to be found guilty, the minimum sentence would be a conviction, and that conviction would cause the Illinois Secretary of State to revoke the man's drivers' license. The only way the man could get his license reinstated would be to appear before a Secretary of State hearing officer in a formal hearing and prove it would not endanger the public safety if he were to be reinstated. Generally, more than 80 percent of drivers appearing before the Secretary of State are denied reinstatement on their first try.

Lewis Gainor's client had no choice but to demand a trial and hope that the prosecution would be unable to prove the charges. The case came up for trial on October 12, 2006 in the Lake County Circuit Courthouse in Waukegan. Lewis Gainor responded to the case being called and answered, "Ready for trial." He knew that the prosecution would be unable to provide the man with a trial within his speedy trial rights (e.g., 160 days from the date the defendant demands trial).
The prosecution dropped the charges.