A judge restored attorney Chuck Bretz’s driving privileges after finding a Lockport officer did not have reasonable grounds or probable cause to believe he was driving drunk.

At a Friday hearing, Judge Dave Carlson granted a petition from Bretz’s attorneys to rescind the summary suspension of his driver’s license. In a court order, Carlson said the arresting officer did not have reasonable grounds or probable cause to believe Bretz was driving drunk when he placed him under arrest.

Bretz’s driver’s license was returned to him in open court, the court minutes said.

Special prosecutor Michael Paup of the DuPage County State’s Attorney’s Office failed to return calls Monday. DuPage County State's Attorney spokesman Paul Darrah said. he had no information on the hearing.

Bretz’s attorney Neil Patel declined to answer questions about the hearing. He referred questions to Bretz’s other attorney, Joel Murphy, who also declined to comment.

“I can’t. That’s all I can really say,” Murphy said when asked why he couldn’t comment.

Bretz was arrested Feb. 14 after he was caught driving 55 mph in a 35 mph zone, police said. An officer approached Bretz and suspected he was under the influence of alcohol after he smelled alcohol on his breath and saw he had bloodshot, glassy eyes, police said.

The officer asked Bretz to exit his vehicle and take a field sobriety test but he refused to do so, police said.

Bretz's case was assigned to DuPage County State's Attorney Robert Berlin after Will County State's Attorney James Glasgow claimed in a motion that his prosecution of Bretz "could create the appearance of an impropriety."

Patel also asked for a special prosecutor due to Bretz's personal and professional relationship with the state's attorney's office. He withdrew the motion after Chief Judge Richard Schoenstedt approved Glasgow's request.

Paup filed a misdemeanor charge of obstructing a police officer against Bretz on Friday. The charge alleged Bretz “knowingly obstructed” the performance of an officer by refusing to leave his vehicle as instructed.