Former Bears Coach Mike Ditka’s son, Michael P. Ditka, has already won a significant ruling in his DUI case, and it hasn’t even gone to trial yet. Lake County Circuit Court Judge Brian Hughes reportedly ruled that evidence gathered after his DUI arrest cannot be used against him in trial, reports CBS Chicago.
The younger Ditka was arrested on suspicion of driving under the influence after police discovered him sitting in a black Hummer in the parking lot of his housing complex in April 2011. Officers claim they detected the smell of alcohol, and Ditka’s blood-alcohol content was found to be at 0.189 percent, more than twice the legal limit, according to CBS.
Ditka, however, challenged the DUI arrest, arguing that the police did not have probable cause to question him, much less make him take a field sobriety test.
Judge Hughes apparently agreed and ruled that the police had no reason to suspect Ditka, Ditka never consented to a search, and Ditka’s arrest was unconstitutional, according to CBS.
Given the judge’s ruling, prosecutors may decide not to proceed with their DUI case against Michael Ditka. However, they have until Feb. 24 to inform Judge Hughes of their decision at a status hearing.
In addition to Michael, another Ditka son, Mark, is also due to appear in court on Feb. 22 for an unrelated DUI charge, according to CBS. (We wonder if Mark has the same DUI attorney as Michael.)
For more information on Illinois DUI laws, see our Related Resources section.