lost a piece of evidence Wednesday when a Lake County judge ruled the field breathalyzer test administered by a Deerfield police officer could not be used in court, according to a report in Triblocal.
Judge Helen Rozenberg barred the results of a test showing Ditka, 49, the son of former Chicago Bears Coach Mike Ditka, had a blood alcohol level of .16—twice the legal limit—because the exam could have been tainted by tobacco juice, according to Triblocal.
In a video of Ditka shown in court, he said he was chewing citrus flavored tobacco just prior to the test being administered by Deerfield police Sept. 24. The prosecution can still introduce other evidence leading to the arrest. After his arrest, Ditka refused to submit to a second test at the Deerfield Police Station, according to Triblocal.
Earlier this year, the DUI case of Ditka’s older brother, , was dismissed for evidentiary reasons.