DWI / DUI & Traffic Violations

The following cases are recited to illustrate a cross-section of the types of dispositions achieved. It is not intended to represent a total or complete list of all of the case successes or favorable dispositions in the past 30 years. Salvatore C. Miglore has had many, many more NOT GUILTY findings for clients and/or findings of lesser offenses; and many may more favorable dispositions then stated below.

PEOPLE V. L.S.

- The Defendant was the owner of a car where she was a passenger in the front seat, while she let her fiancée driver. The vehicle also had two other people in the back seat. As the car was proceeding down an express way, the vehicle was directed to stop by the State Police at a roadside safety check point (“road block”). The police discovered that the driver had a revoked license and warrant for his arrest. Thereafter the owner of the car/passenger, had a valid driver’s license and was unaware of the status of her fiancée’s driver’s license or his problems with the law. The driver was placed under arrest and the auto, all occupants and trunk were searched. Then, in the trunk, wrapped in Defendant’s clothes were a crack pipe and several ounces of crack cocaine and other drugs were discovered. The Defendant was placed under arrest and charged with a drug charge. Salvatore C. Miglore filed a Motion to Quash the Arrest and Suppress the evidence, due to the fact that the State Police did not follow the U.S. Constitutional and Illinois Constitutional requirements for a valid “Road Block”, where this one gave the officers unbridled discretion to stop whom they wanted without any reasonable suspicion or a crime. Further, since the Defendant had a valid driver’s license, Salvatore C. Miglore argued that there was no reason to search the vehicle, because the theory of search incident to a lawful arrest of the driver or an inventory search did not apply under these facts. At trial, it was argued that even if the road block was proper the Defendant/Passenger could not be connected to the drugs and paraphernalia, upon the theory of constructive possession; and, therefore she was found not guilty.

People vs. W.M.

- A 47 ½ year old man was charged with his second DUI and subject to a license revocation and jail. Hence, the Defendant refused breath testing but subjected himself to “standardized field sobriety testing” at the scene. The alleged reason for the traffic stop was “weaving” and failure to stop at a stop sign. The Defendant did have some health problems and the field tests were administered incorrectly, per the defense, regardless of the health problems. Thus, Salvatore C. Miglore retained an expert to testify at trial as to the incorrect procedures and incorrect conclusions of an officer with 25 years of law enforcement experience, upon the issue of alcohol impairment. However, at the close of the State’s case, solely on the strength of the cross examination of the officer by Salvatore C. Miglore, the court granted a directed finding of not guilty. So, the Defendant never even had to present any evidence at all. The Defendant was exonerated and discharged.

People vs. V.B.

- A 17 year old Defendant was charged as an adult with Felony Aggravated Fleeing and Eluding of a Police Officer. The material facts are that the Defendant was allegedly speeding 100 MPH down a major highway, where part of the highway was geographically within the boarders of a City and other part was located in unincorporated DuPage County. The City Police Officer with his radar device was in a marked car, located in the center median in the highway, sitting stationary. However, he was on the portion of the road that was unincorporated. As a result, a high speed chase ensued where the police were in actual “hot pursuit” of the vehicle. The chase lasted about 18 minutes over several miles. After a complete investigation, it was determined that the officer could not specifically identify the driver, or get a license number or provide the current make or model of the car. Eventually, during the chase the police officer loss sight of the vehicle and abandoned the “hot pursuit”. Then, the officer returned back to the Police Department, where an anonymous tip from a confidential informant, whom purportedly called the station to tell the police that the car they sought was seen going into the “9500 block of Jackson”, in the City. In response, the police, with several units, without verification, traveled to the area, went house to house in a two block square area, where they simply went to the back yard of a house, surrounded by a fence, and allegedly saw a car “similar” to the one chased, where, the Defendant was present. The car or backyard could not be seen from the street. Therefore, without a search warrant or consent, or any other info connecting the Defendant to the chase, several armed officers interrogated the Defendant, where he admitted to the offense. As such, he was placed under arrest, the car was seized, and the State sought to forfeiture the vehicle, since it allegedly facilitated a felony offense. Accordingly, Salvatore C. Miglore filed a Motion to Quash the Arrest and Suppress the Evidence and the Statements of the Defendant, incriminating himself. A complete investigation by Salvatore C. Miglore’s forensic investigator with crime scene re-enactments, surveys of the highway for city boundaries, a working video, which contained a test of the purported chase and photo’s, recreating the scene and layout of the house and yard, thereby caused the trial court to quash the arrest and suppress all of the evidence, due to an illegal search of the premises, in an area of the backyard called the “curtilage”, which is protected, as if you were in your own home; and, where a reasonable expectation of privacy exists, under the Constitution. As a result, the case was dismissed and Defendant’s car was returned. The Court found that the search, seizure and arrest were constitutionally unreasonable, amongst other favorable findings.

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