Mark Ditka’s going to have to call the same super-lawyers that worked miracles for his family’s previous DUI arrests. Hopefully, he’s got the number on speed dial. His brother, Michael Ditka, was arrested for the rare “DUI without the keys in the ignition” and had his charges dropped back in February. He faced up to seven years, as he is a repeat offender. His attorney got the charges dropped after successfully arguing that the cops did not have reasonable suspicion or probable cause to make the arrest.
Mark’s three prior arrests included a reduced charge to reckless driving, a not guilty ruling, and last September’s arrest. The Breathalyzer results from that test were tossed out after Mark claimed that he was chewing citrus flavored tobacco, which could have influenced the test. Those charges are still pending.
Sunday's arrest came only a short distance from Mark's home, reports the Chicago Tribune. The police allegedly witnessed erratic driving and lane changing before making the arrest. After he was pulled over, the police discovered that he was driving on a suspended license. He submitted to field sobriety tests but refused the blood and breath tests. Inside the car, the police found an unmarked bottle of Hydrocodone, which is a controlled substance and narcotic pain reliever.
So far, he has been charged with possession of a controlled substance and aggravated DUI. Both are felonies. He also was ticketed for operating an uninsured vehicle, driving on a suspended license, and improper lane usage.
We'd also expect an additional charge for refusing the blood or breath tests. As we stated earlier this week, a refusal is met with a one year license suspension (three years for subsequent refusals) and the refusal can be introduced to your trial as evidence of consciousness of guilt. Unless they tied Mark Ditka down and drew blood, the field sobriety tests and his refusal might be the only evidence they have of his latest alleged DUI.
- Consult a Chicago DUI Defense Attorney (FindLaw)
- Mike Ditka's son faces DUI, hydrocodone charges after Deerfield arrest (Chicago Sun-Times)
- Tailgating Rules: Laws, Tips For Soldier Field Pregaming (FindLaw's Chicago DUI Blog)
- Implied Consent: Should You Choose Blood or Breath? (FindLaw's Chicago DUI Blog)