A Hickory Hills man, who parked his vehicle near 97th and Marion Avenue was arrested on October 20th when an anonymous caller alerted the police to a report of a Honda Accord that allegedly had hit several vehicles.
The police found the car parked with the driver allegedly slumped forward and asleep at the wheel. The driver, Jameel Ali Shukair, allegedly told the police he had stopped and parked because he didn’t feel he was in the right to condition to be driving.
Shukair’s belated self awareness, along with the 9-1-1 call caused the officers to ask Shukair to exit the vehicle. The police reported that Skukair’s opinion on his ability to drive was shared by them as he allegedly was unbalanced as he stood, and was reported to be moving slowly and lethargically as he dropped several items and attempted to retrieve those items.
The police content that Shukair exhibited 6 out of 6 indicators of impairment and continued swaying. At one point during field sobriety tests, the police said that Shukair lost balance and fell over but was caught by one of the officers on the scene.
Shukair refused to take a breathalyzer which will result in the automatic suspension of his driver’s license. His car was towed. Based on the field sobriety test, his statement and the police report, Shukair, a 28 year old white male, was charged with driving under the influence of alcohol.
According to the Illinois Secretary of State’s Office A driver may request a judicial hearing to challenge a statutory summary suspension or statutory summary revocation within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled
to consider the criminal charges. Legally, only five issues may be considered:
• Whether the person was arrested for DUI.
• Whether there were reasonable grounds to believe that at the time of arrest the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs.
• Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing.
• Whether, after being advised of the suspension, the driver submitted to chemical testing that showed a BAC of .08 or more, a THC of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance, or any trace of a controlled substance, methamphetamine and/or intoxicating compounds.
• Whether, in the case of a statutory summary revocation, the driver was involved
in a motor vehicle crash that caused personal injury or death.
The suspension/revocation is rescinded if the court rules in favor of the driver. The result of the hearing is entered on the driver’s record.