Mistrial leads to DUI charge dismissal

The Feb. 24 trial of Frank McClure, charged with “fourth or subsequent DUI,” a felony, was declared a mistrial after a juror fell asleep.

Court documents show the defense claimed McClure was improperly stopped by law enforcement, based on prior knowledge of McClure rather than probable cause indicated at the time. The case was dismissed with prejudice, with Lake County prosecutors saying the state may have difficulty proving McClure’s BAC was over the legal limit.