DuPage County State’s Attorney Joseph Birkett announced today that Robert S. Lidster, 54 (dob 2/17/49), the subject of the recent decision of the U.S. Supreme Court regarding the use of roadblocks, was sentenced yesterday to 90 days in jail for a DUI offense he committed while his earlier case was on appeal. In addition to the 90 days in jail, Lidster was sentenced to two (2) years probation, DUI school, alcohol counseling and evaluations and total fines and costs of $780. His jail sentence is scheduled to begin on February 13, 2004.

Lidster, of 849 Pear Tree in Bartlett, was the subject of a recent U.S. Supreme Court case that stemmed from a prior DUI he was charged with on August 30, 1997 when he was stopped by a roadblock set up by the Lombard Police who were looking for information on a then recent fatal hit and run. When leads were exhausted in that investigation, law enforcement sought help from the public by conducting a road block at the site of the accident on the same day of the week and at the same time of day as the original incident. Officers were stopping cars and giving them pamphlets regarding the fatal hit and run and inquiring as to any information the public might have. During the course of the roadblock, Lidster’s car nearly struck an officer who had been directing cars to pull over. Upon investigation, evidence of the use of alcohol was detected and Lidster was arrested for DUI.

During Lidster’s DUI trial for this Lombard incident, he raised the issue of illegal search and seizure in connection with the roadblock. The trial court rejected his contention, and Lidster was convicted of DUI. Upon appeal, the Appellate Court reversed, agreeing with the defendant that the roadblock did result in an illegal search of Lidster’s car, and later the Illinois Supreme Court affirmed the Illinois Appellate Court’s decision. However, on January 13, 2004, the United States Supreme Court upheld Lidster’s DUI conviction, agreeing with prosecutors that the roadblock was appropriate action taken by the Lombard Police Department which was seeking public assistance regarding the unsolved fatal hit and run. The U.S. Supreme Court ruled that the roadblock did not lead to an illegal search and seizure of Lidster or his vehicle.

While Lidster’s Lombard DUI was on appeal, he was charged with another DUI on October 5, 2002 by the Carol Stream Police Department. On that day, at approximately 1:49 a.m., Carol Stream police officers pulled Lidster over at Army Trail Road and Sandpiper in Carol Stream due to an expired registration and no rear registration light. At trial it was revealed that during the course of the stop, the police officer detected a strong odor of alcohol, that Lidster’s eyes were bloodshot and glassy and that his speech was slurred. At the officer’s request, Lidster performed a series of field sobriety tests and failed, and he was subsequently placed under arrest. A half-filled bottle of vodka was removed from the car prior to it being towed from the scene. After the trial’s conclusion, Lidster was found guilty on all counts, including DUI, DUI with a Blood Alcohol Level of .08 or more, Driving with Expired License Plates, Transportation of Open Alcohol and Driving Without a License Plate Light.

Upon review of Lidster’s criminal history, it was learned that he had been convicted of prior DUIs, with one being the DUI involving the Lombard road block. With that information, prosecutors dismissed the misdemeanor DUI alleged to have been committed in Carol Stream and charged him with felony DUI. However, when the Illinois Appellate Court reversed the conviction involving the DUI during the road block, prosecutors were forced to dismiss the now felony DUI and re-file it as a misdemeanor again. Lidster was convicted of the Carol Stream DUI on December 31, 2003 and was sentenced yesterday, January 26, 2004.

Lidster will begin serving his jail sentence on February 13, 2004.

Lidster’s Lombard DUI conviction that was upheld by the United States Supreme Court will be re-instated upon receipt of the mandate from the Supreme Court.

State’s Attorney Birkett praised the Carol Stream for their initial charging of Lidster, a repeat DUI offender, and in addition, praised the work of Assistant State’s Attorneys Henry Kass and Phil Hiscock who tried the case.