Golden Chopsticks Owner Not Guilty Of DUI, Judge Barrett Rules

JOLIET, IL - Peter Chan, owner of the popular Bolingbrook restaurant the Golden Chopsticks, has maintained for two years that he was innocent of criminal charges accusing him of driving under the influence of alcohol. Chan was 61 years old when Bolingbrook Patrol Officer James Block arrested Chan on suspicion of DUI during the early morning hours of December 17, 2015. Chan supposedly failed a field sobriety test, according to Officer Block's testimony at Wednesday's bench trial before Judge Brian Barrett. At the day's end, the Will County judge ruled that Chan was not guilty of DUI. Chan was also not guilty of a traffic offense, leaving a roadway. He was found guilty of failing to use his turn signal, a petty traffic offense.

But in the totality of the case, Wednesday's bench trial was about the criminal DUI charge, and Judge Barrett reached the conclusion that the Bolingbrook Police Department did not produce sufficient evidence to convict Peter Chan of drunken driving. Wednesday's testimony was somewhat embarrassing for the Bolingbrook Police Department. The dash cam video regarding Chan's DUI arrest from Officer James Block's car, Squad 505, was inadvertently deleted a short time later, Chan's criminal defense lawyer Jeff Tomczak informed the courtroom.

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Tomczak, the former Will County State's Attorney, put on a vigorous defense. The prosecution's case was presented by Assistant Will County State's Attorney Nick Plattos.

Jeff Tomczak

During his opening statement, defense attorney Jeff Tomczak hammered home the fact that Bolingbrook police destroyed evidence that was likely favorable to the owner of the Golden Chopsticks restaurant. Tomczak later told Patch that he has no evidence that was done intentionally. He explained that Block had previously complained that the squad car's video camera equipment was malfunctioning. Apparently, the video camera for that squad car was always failing to shut off when the officer finished recording a traffic stop, Tomczak added.

"We are very happy to once again achieve a positive result for our client," Tomczak told Patch. "We were hopeful that Mr. Chan would be found not guilty. He is very happy. He's extremely relieved."

Officer James Block has been with the Bolingbrook Police Department for nearly 10 years, according to Wednesday's testimony. Two years ago, Block was on overnight patrol, driving east on Boughton Road, when he saw an oncoming car in the far right lane with heavy front-end damage. The driver quickly moved across the lanes and made a quick left turn near Pinecrest. Block turned on his flashing lights and pulled the driver over. Chan was behind the wheel of his brand-new 2016 Toyota car. He was on his way back to his home in Naperville.

It was around 3:15 a.m.

Officer Block testified he has made at least 100 to 200 DUI arrests during his time at Bolingbrook's police department. He testified that Chan had bloodshot, glassy eyes and smelled like alcohol around the time the officer asked him to step outside his car to perform a series of field-sobriety tests.

Block had asked Chan whether he had been drinking that night.

Chan answered yes.

"He said he had one beer," Officer Block testified.

As for the front-end damage, Chan told the officer he was driving home from Chicago and had struck a small animal or swerved to avoid a small animal.

"He could not clarify," Block testified.

Over in a strip mall parking lot near a Dunkin' Donuts, Block made the 61-year-old Bolingbrook businessman perform a series of field sobriety tests. The area was well lit, allowing for Officer Block's cruiser camera to capture the entire episode.

According to Block, Chan failed the sobriety tests so he was taken into custody and arrested for DUI.

Chan had refused to consent to any breathalyzer tests, according to the lawyers.

"I did not believe he was able to safely operate a moving vehicle," Block told the courtroom.

But during cross-examination, Block acknowledged that his own police reports made no mention of Chan having slurred speech during his interactions with the officer. Tomczak contends the officer didn't mention any slurred in his report because Chan was not intoxicated.

Moreover, because the dash-camera video of the traffic stop got destroyed by the Bolingbrook Police Department, there was no supporting evidence to corroborate Block's version of events.

Actually, there was video footage of the defendant shown during Wednesday's trial. It was a video of Chan presented by Chan's defense attorney. The video, about 2o to 25 minutes, came from the video surveillance cameras positioned inside Bolingbrook police station. The video was captured when Chan was taken into custody, where he was processed and had his fingerprints taken between 4 and 5 a.m.

Chan was wearing dark pants and a red sweater.

Tomczak pointed out to the judge that Chan showed no signs of impairment during the lengthy video. In the video, Chan was not staggering, swaying or struggling to maintain his balance.

"Did you ever see Mr. Chan have to support himself on a wall to keep from falling?" Tomczak asked.

"No," Officer Block answered.

Main Image via Google Maps, image of Jeff Tomczak provided to Patch, image of Bolingbrook car via Patch