Modern day media is a wonderful tool; the general public has the option of being well-informed of fast breaking issues thanks to the speed and technology employed by the media. Unfortunately, it also has its downside. For example, the media often reports on alleged crimes even though only the police's version of events is available. Often, hearing both sides of an incident can paint the situation in a completely different light. This may be the case for an Illinois man who will likely be mounting a DUI defense after a fatal accident.
According to police reports, a 49-year-old man was driving with a 48-year-old male passenger in the early morning hours of a day in late September. The man allegedly veered off the road before slamming into a wooded area located nearby. The driver was transported to an area hospital for treatment.
In addition to the injuries sustained by the driver, the passenger, and the owner of the car, was determined to be dead at the scene. The driver has since been charged with driving under the influence. It is unclear what evidence the authorities have to support these charges, but if found guilty, the man could spend up to 14 years in prison.
It would be easy to assume that the driver had been drinking due to the time of the accident. However, assumptions are not enough to gain a conviction in the criminal justice system. Illinois prosecutors must prove the charges against the defendant beyond a reasonable doubt. As part of a DUI defense, it may be argued, for example, that the man driving was actually the designated driver since he wasn't the owner of the car.
Source: Hinsdale-Clarendon HillsPatch, UPDATE: Driver In Weekend Crash That Killed Hinsdale Man Charged, Joe O'Donnell, Sept. 24, 2013