Folks in Waukegan might remember hearing several weeks ago that former White Sox and Red Sox catcher Carlton Fisk had been arrested in Illinois after police suspected the man of driving under the influence of alcohol.
Since the DUI arrest, the retired Major League Baseball player’s defense attorney has requested to have his client’s hearing postponed because he is arguing to have evidence thrown out from his client’s DUI case. A hearing has been postponed and scheduled for Dec. 17.
The retired MLB player was arrested on Oct. 22 in New Lenox. According to the Chicago Tribune, police allegedly saw Fisk’s pickup truck in a cornfield and approached the vehicle. Police claim that they found Fisk inside the vehicle, passed out in the driver’s seat. Police also found an open bottle of vodka in the man’s truck.
Fisk was asked to take a blood alcohol test, but he refused to do so. In Illinois, drivers who are suspected of DUI may refuse breath tests, but doing so could result in a suspended driver’s license.
Fisk’s attorney is currently trying to get his client’s driving privileges back. In some cases, defendants are able to get their driving privileges back by filing for an administrative hearing. This can be complex and must be done within 90 days of having a license suspended, though.
The retired catcher’s attorney also claims that evidence should be thrown out from Fisk’s DUI case. The attorney claims that police did not have “reasonable suspicion of criminal activity” to approach the man’s vehicle in the cornfield. If the evidence is thrown out, Fisk could avoid a DUI conviction.
Source: FrankfortPatch, “Carlton Fisk catches new court date,” Joseph Hosey, Nov. 29, 2012
- Our Waukegan firm provides counsel to those who have been arrested for allegedly driving drunk. To learn more about our firm and practice, please visit our Lake County DUI defense attorney page.