A veteran Cook County judge charged with DUI earlier this fall has been allowed to drive after a judge found there was no reason for the arrest, according to court records.
Cook County Circuit Judge James Gavin was charged with misdemeanor drunken driving after a Willowbrook police officer pulled him over on Oct. 28 for allegedly using the shoulder to pass another vehicle on southbound Route 83, DuPage County court records show.
Gavin allegedly smelled strongly of alcohol and failed an eye-gaze test before refusing to submit to other field sobriety and blood-alcohol testing, the records state.
His license was automatically suspended as a result of his refusal to submit to the tests. But on Dec. 7, DuPage Associate Judge Liam Brennan ordered that Gavin's license be returned after a hearing on the suspension, ruling police had no reason to stop Gavin.
Gavin, who was elected to the Circuit Court in 1996, could not be reached for comment. He is assigned to the Maybrook Courthouse in Maywood.
Attorney David Sotomayor said Gavin was on his way to his mother's home after leaving the courthouse. The judge had not consumed any alcoholic beverages that day and had driven briefly on the shoulder while trying to edge back into traffic after stopping to pick up chewing tobacco, Sotomayor said.
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