The Illinois Court of Appeals for the Third District recently held that suspicion aroused by bloodshot eyes, unless confirmed by another factor (such as poor driving, stumbling, or an inability to communicate), does not rise to the level of probable cause that a DUI was committed.
At the hearing on the defendant’s petition to rescind the summary suspension of his driver’s license, Officer Lopez testified that on the morning of the December 2014 incident, he observed defendant Anthony Day driving safely. Lopez pulled Day over because excessive noises were emanating from his exhaust system.