THE LOOP — Ald. Rey Colon (35th) was found not guilty Monday on charges of drunken driving that stemmed from a July after-midnight traffic stop along the Eisenhower Expressway.
"I woke up this morning trusting that God would do His job and that the justice system would do its job, and I just want to go back to do my job," Colon said immediately after the verdict was rendered by Judge James Pieczonka in Cook County Circuit Court.
Pieczonka said he did not see any "substantial" evidence of erratic driving on Colon's part. While he granted that Colon's eyes seemed "a little bloodshot" in his mug shot, he added, "I've seen a lot worse."
Key evidence included an 18-minute video showing Colon's traffic stop about 1 a.m. July 25 at the Homan Avenue exit off the westbound Eisenhower Expressway. Cook County Assistant State's Attorney Michael Clarke argued "the evidence is overwhelming" showing Colon waving his arms trying to balance on one foot and failing to walk heel to toe in a straight line.
State Trooper Eric David testified that Colon was driving without his lights on and that his "right tires were clearly over the line" on the right shoulder before being stopped. He said Colon failed a horizontal vision test, indicating impairment, as well as walk-and-turn and balancing-on-one-leg tests. David said he smelled alcohol on Colon's breath and that the alderman was "swaying while standing" and had to wave his arms to maintain his balance on one leg, and even then touched the other foot to the ground without being able to stand immobile for 30 seconds.
David said Colon's eyes were "bloodshot glassy red" and that he was, in David's opinion, "unfit to drive."
Yet Colon, who did not testify in his own defense, said after the trial that "the tape was exactly what I remembered" and helped him fight the charges. He said he had originally expected to be waved off and sent on his way by the state trooper who pulled him over.
"The state has not met its burden" to prove its case beyond a reasonable doubt, argued Tom Needham, Colon's attorney. Needham added that twirling arms to stand on one foot is "not that out of the ordinary" and that it argued in Colon's favor that officers left him alone in his car for several minutes with the keys in and the engine running — a detail also mentioned by the judge in his decision, who said it was "inconsistent with the opinion of the officer that he may have been impaired."
Colon was found guilty of failing to signal his exit off the expressway and driving with an expired license, but the judge nixed the charges of driving under the influence and improper lane usage, saying that Colon's drifting off the side of the road to the right should have been a charge of "driving on the shoulder."
Colon was fined $250 and placed under court supervision, with a formal arraignment set for Tuesday. He still faces more than six months of his driver's license being suspended for a year for refusing to take a breath test.
Pieczonka was handed the case Monday afternoon after Judge Judith Rice recused herself.
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