Fisk, 64, lost his license when he allegedly refused to take a breathalyzer test during his arrest Oct. 22 on charges of driving under the influence, improper lane usage and illegal transportation of alcohol.
But the Sox star had actually volunteered to take the blood-alcohol test, according to a petition filed Thursday by his attorney, Stephen White.
White also filed a motion claiming the New Lenox police illegally arrested Fisk since there was "no reasonable suspicion of criminal activity" to give them cause to pull him over in the first place.
Only Fisk wasn't pulled over by the police. He was allegedly found passed out behind the wheel of his pickup truck in a cornfield. Officers who went to check on Fisk reportedly found a bottle of vodka in the pickup.
Paramedics transported Fisk to Silver Cross Hospital for an examination. He was arrested after he was released from care.
Fisk, who is fourth on the White Sox's all-time home run list, did not appear for the Thursday hearing. He is scheduled to return to court Nov. 29.
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