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State v. C.F.- DUI Refusal, Obstruction of an Officer, & Driving on a Suspended Registration; Probation Revocation was Dismissed

C.F. was on probation for underage possession of alcohol when a City of Woodstock Police Officer pulled C.F. over for driving a truck with a suspended registration.  The officer approached C.F.'s truck, retrieved C.F.'s driver's license, and noticed C.F.'s eyes were glassy and bloodshot.  The officer also noticed that C.F. smelled strongly of alcohol.  C.F. registered positive on a preliminary breath test, and the officer returned to his car to call for backup.  At this time, C.F. ran away from the scene and escaped.  The officer tracked C.F. down using his driver's license.  First, the judge tried to revoke C.F.'s probation (for the underage possession) and send him to jail for violating his probation.  Mr. Ryczek proved to the judge that he had originally given C.F. an illegal sentence, and that he could not revoke C.F.'s probation.  The judge agreed and dismissed the probation revocation.  C.F. then went to trial, and Mr. Ryczek argued to another judge that the State failed to prove the DUI and Driving on a Suspended Registration (the prosecutor failed to lay a proper foundation to prove Driving on a Suspended Registration) charges beyond a reasonable doubt, and the judge found C.F. not guilty of DUI and Driving on a Suspended Registration.