A driver police say may have been intoxicated behind the wheel is being charged with a number of infractions related to an accident on Oct. 2 that sent three people to the hospital. Illinois police allege the 23-year-old was DUI when the accident occurred. The two passengers in the vehicle were also cited for a variety of alcohol-based infractions.
According to the police report, the driver was traveling east in the late evening of Oct. 2 while allegedly talking on his cell phone. The vehicle traveled through an intersection where the road ended in a T, causing the truck to exit the road and crash into a ditch. The driver and both passengers were injured in the crash and were taken to local hospitals for treatment of their injuries. None of the people in the truck were wearing seat belts, according to arriving medical personnel.
It is unknown why police suspect the driver of being intoxicated, as no roadside sobriety or blood alcohol test were reported as part of the arrest record. One passenger was cited for underage alcohol consumption, though no mention of a test is included in that record either. All three of the occupants of the vehicle were cited for illegal transportation of alcohol, suggesting there was alcohol in the car, though the record does not go into detail regarding that issue either.
This DUI charge may be challenging for Illinois prosecutors to make stick if the police record is as limited as it appears to be. Defense may benefit from a careful analysis of the arrest records for all three individuals in order to determine if correct procedure was followed in each case. If sufficient evidence to prove a DUI accusation beyond a reasonable doubt is not provided, the case could be thrown out of court entirely.
Source: southernillinois.14news.com, ISP: 3 hurt when distracted, drunk driver's truck overturns, Rich Miller, Oct. 3, 2013