Chris Chelios attorney seeks DUI dismissal
A week after a DuPage County judge ruled Westmont police lacked probable cause to arrest Chris Chelios for drunken driving, the hockey great's attorney sought to have the charge officially dismissed.
Attorney Terry Ekl filed the defense motion Wednesday in light of DuPage Associate Judge Cary Pierce's ruling that insufficient evidence of impairment existed.
Pierce set an April 7 court hearing to give prosecutors time to respond.
Chelios - a former Chicago Blackhawks defenseman who now plays with the AHL's Chicago Wolves - was arrested after a 4 a.m. Dec. 28 stop on Ogden Avenue near Blackhawk Drive. He was charged with DUI, improper lane use and speeding nearly 20 mph over the posted 35 mph limit.
Chelios refused to submit to a breath test, but a Westmont police officer accused him of having bloodshot glassy eyes, slurred speech, a strong odor of alcohol on his breath and of performing poorly on field-sobriety tests.
Pierce based his decision on a 15-minute police video of Chelios' stop. On the video, Chelios admitted he had "a couple" of drinks. He declined the officer's requests to elaborate. Chelios swayed at one point while performing a balancing test, as well as improperly putting his foot down, but he noted his multiple knee surgeries.
"Can't you just let me go home, please?" Chelios asked the officer. "I'm safe. I'm not a danger. I'm begging for a favor."
During last week's hearing, Pierce ruled police did not have reasonable grounds to make the DUI arrest based on the video. The arresting police officer was not present in court to offer testimony.
Chelios was stopped one block from his parents' home, where he is staying while he plays for the Wolves. He maintains homes with his wife and four children in Detroit and Malibu, Calif.
The Chicago native played nine seasons with the Blackhawks during the 1990s after seven seasons with the Montreal Canadiens. The all-star defenseman also played with the Detroit Red Wings from 1998 through last season.
He signed with the Wolves in October 2009.
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