Bretz DUI Evidence Leaves Judge Carlson Skeptical

JOLIET, IL — Prominent Joliet criminal defense lawyer Chuck Bretz has won a key administrative review hearing so he can maintain his driving privileges while he fights last month's charge of driving under the influence of alcohol in Lockport.

Will County Circuit Judge Dave Carlson issued a ruling in favor of Bretz on Friday.

Bretz's attorneys, Joel Murphy of Murphy and Associates and Neil Patel, had petitioned the court to rescind Bretz's immediate driver's license suspension that was imposed by the Illinois Secretary of State's Office after Bretz was arrested last month by a Lockport police officer on DUI charges.

On Feb. 14, a Lockport police officer stopped Bretz for speeding while Bretz was driving several passengers home that night, including a former employee of the Will County State's Attorney's Office and the current chief administrator of the Will County 911 emergency telephone system.

According to Carlson's written ruling, after reviewing all the evidence in the case, the veteran Will County judge rejected efforts by the special prosecutor to prohibit Bretz from driving a vehicle while Bretz's DUI case proceeds to trial.

"The petition to rescind is granted on the basis that the arresting officer did not have reasonable grounds/probable cause to believe that the petitioner was operating a motor vehicle while under the influence of alcohol when placing (Bretz) under arrest," Carlson wrote.

"The Secretary of State is ordered to rescind the summary suspension. The clerk is ordered to notify the Secretary of State."

For now, Bretz still faces his DUI charge in Will County. And as of last week, Bretz was also charged with another offense, obstructing a peace officer.

According to that complaint, Bretz knowingly obstructed the performance of Lockport Police Officer James Truhlar "in that said defendant refused to get out of the vehicle he was driving after being instructed to do so by Officer Truhlar."

The DUI charge and the obstruction of a peace officer charge were filed by DuPage County State's Attorney Robert Berlin and Michael Paup, an assistant state's attorney for DuPage County.

Last month, Will County State's Attorney James Glasgow filed a motion seeking the appointment of a special prosecutor to handle any charges against Bretz, noting that Bretz is a criminal defense attorney whose firm "currently represents hundreds of other individuals charged with offenses" in Will County.

Also, Glasgow argued, the evidence in the Feb. 14 case would show that besides Bretz, "there are two potential witnesses in the vehicle that was stopped," including one former employee of the Will County State's Attorney's Office and the current chief administrator of Will County's 911 system.

"The personal and professional relationships the defendant has developed with members of the State's Attorney's Office will have an impact on the prosecution in this case," Glasgow's motion seeking the special prosecutor's appointment argued.