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Ditka DUI Evidence Tossed

Judge bars breath test from testimony. Case will continue.

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.

Daniel Krudop May 11, 2012 at 04:47 PM
I don't usually drink and drive but now I'll carry citrus flavored tobacco chew with me if there's a chance I might end up drinking and have to drive.
Daryl Kunz May 11, 2012 at 06:58 PM
Me, too.
Daniel Krudop May 11, 2012 at 07:21 PM
She's probably following the law but I believe every bar in Judge Helen Rozenberg's district will provide citrus flavored chewing tobacco for their customers.
RB May 12, 2012 at 01:36 AM
I believe the prosecutor should appeal her decision. Doubtful.
Wang May 12, 2012 at 12:54 PM
I picked the wrong week to stop chewing citrus flavored tobacco.
steve shay May 12, 2012 at 01:05 PM
Now that the police understand their hands are tied and they can't get a conviction on the Ditka drunks, why do they even bother trying?
Steve May 12, 2012 at 09:33 PM
Now, if I'm not mistaken, isn't it common/standard to have a field breath test result barred from the court room? The only test that is allowed is the second test that can be checked for accuracy. This news story is not news from what I can tell.
RB May 12, 2012 at 11:26 PM
Perhaps he had the second test, but the article says he refused it. Good attorney, gotta a 'twofer' too.
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