We shouldn't presume that someone arrested for drunken driving or DUI in South Carolina will automatically be found guilty of the offense. Though in another state, the circumstances surrounding the arrest of the son of former Chicago Bears coach Mike Ditka could have happened in our state as well.

Ditka was arrested in a parking lot and charged with felony DUI. And because the arrest occurred while the car was parked, the judge that heard his case felt that "there was no reasonable suspicion he was committing a crime."

Because of the lack of reasonable suspicion, the judge would not permit the observations of the arresting police officer to be entered into evidence. Nor would the judge allow in any evidence concerning blood tests or samples.

Ditka's case was well worth fighting because of the consequences that would have followed a conviction. Since Ditka had two prior DUI convictions, being convicted for felony DUI would have resulted in a prison sentence between 3 to 7-years and possible fine of up to $25,000. Though such a sentence is stiff, if he had been convicted for felony DUI in South Carolina the sentence may not have been any less severe.

We want to keep drunken drivers off of the road, but that does not mean we arrest individuals arbitrarily that may or may not have been at risk to drive drunk. Attorneys have the right to challenge evidence presented (or lack of evidence presented) on behalf of their client. Arresting officers must have a reason for arresting an individual or else they have exceeded the authority given to them by the state.

Source: Highland Park News, "Ditka son's DUI arrest quashed," by Beth Kramer, Feb. 10, 2012