Charging bias by a particular officer, lawyers for plan to return to court in two weeks and present evidence that they say will allow a "favorable disposition" for their client.
The 48-year-old son of former Chicago Bears coach Mike Ditka was in Lake County Circuit Court Wednesday for a status hearing.
During that next hearing, set for 1:30 p.m. March 21, attorneys Robert Ritacca and new co-counsel Charles L. Schneider plan to provide information to Lake County Circuit Court Judge Brian Hughes that will show that the officer who arrested Ditka was the same one who arrested his brother, Michael Ditka, and that the officer had a bias against them, Ritacca said.
At that time attorneys will file a motion to dismiss the DUI, Ritacca said.
A resident of Deerfield, Mark Ditka was stopped in his black 2012 Mercedes Benz while driving north on IL Highway 43 at Kates Road at 3:30 a.m. Sept. 24. He was also cited for speeding and failure to show proof of registration. He pled to the charge in October.
Mark Ditka had been charged with DUI twice before. In one case he was found not guilty, in the other the charge was downgraded to reckless driving.
The felony DUI charge against 49-year-old brother Michael Ditka was last month after Ritacca successfully argued to have all evidence collected against him disallowed because the search of Ditka’s vehicle did not rise to the level of probable cause. Hughes also heard and ruled on that case.