Battling a drunk-driving charge, ex-Chicago Blackhawks star Chris Chelios won a key legal victory Wednesday when a DuPage County judge ruled police didn’t have probable cause to arrest him.
The decision by Judge Cary Pierce came after he viewed a 15-minute police videotape showing the Dec. 28 traffic stop and sobriety tests that led to Chelios’ arrest.
The ruling clears the way for Chelios to formally request the DUI charge be tossed out — a request his attorney expects will be granted.
“The case is over,” defense attorney Terry Ekl said. “This video is as clearcut as possible that he was not impaired by alcohol.”
Chelios, 48, was curbed about 4 a.m. by Westmont police as he returned to his parents’ home, where he is living while he plays for the Chicago Wolves of the International Hockey League.
Questioned by the officer in an exchange captured on the squad car’s video camera, Chelios initially admitted he had “a couple” drinks, but didn’t offer any specifics.
He was stopped for allegedly weaving as he drove his pickup truck, then asked to perform several sobriety tests, including balancing on one leg and walking in a straight line.
On the videotape played in court, Chelios swayed slightly as he walked.
At one point during the balancing test, he put his foot down — though Ekl contended the 10 knee operations Chelios has undergone during his hockey career were responsible for the bobble.
At one point, Chelios asks if he can leave the truck and walk to his parents’ house, which was about a block from where he was stopped.
“Can’t you just let me go home, please? I’m safe. I’m not a danger,” he asked on the tape — a request the officer quickly refused.
After viewing the tape, Pierce ruled police didn’t have probable cause to arrest Chelios.
“There’s got to be probable cause to go forth,” Pierce told prosecutor William Opal. “I think you’re just a little short in this case.”
The ruling came in a preliminary hearing to determine whether Chelios’ drivers license would be suspended for a year because of his arrest.
The decision means Chelios won’t have to surrender his license — unless he ultimately is convicted of the DUI.
After the hearing, Chelios said he was pleased by the ruling and wouldn’t drive while impaired.
“I understand the seriousness of this,” Chelios said. “I try to be a good driver.”
Read the original article from FOX Chicago News.
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