In the Michael Ditka DUI, the son of legendary Bears coach Mike Ditka was arrested when he was found asleep inside his car parked at a Deerfield strip mall.
As we wrote earlier, someone can be arrested for a DUI if they simply have control of the car. You do not actually have to be driving to be arrested for drunk driving.
However, the facts of Ditka's arrest were a bit different, as the keys were not in the ignition, and it was it was argued that police had no reasonable suspicion or probable cause to make the arrest. A judge agreed, and suppressed evidence from Ditka's arrest, reports CBS.
In light of the judge's ruling, prosecutors agreed to drop their charge and Ditka will avoid a felony DUI charge and the possible seven-year prison term he would have faced as a repeat offender.
If you are wondering what exactly happened, the judge basically ruled that the police had no business arresting Ditka. As we do not live in a police state, law enforcement officers do not have the right to barge into every home looking for illegal activity. Instead, police can only make an arrest or test someone for a DUI if they have a reason to suspect that a law is being violated.
In the Michael Ditka DUI arrest, the judge found that police did not have enough facts or other reasons to arrest Ditka. As a result, evidence that he was drunk was suppressed, leading to the dropped charges.