DUI charges against officer dismissed in fatal Chicago car accident
A police officer who had been accused of drunk driving will not face charges in connection with a fatal Chicago car accident, the Sun-Times reported.
Of the 1.043 people killed in Illinois traffic accidents in 2008, 42 percent involved alcohol, according to the Illinois Department of Transportation.
An Illinois personal injury lawsuit remains pending against the officer, who was involved in a Thanksgiving Day 2007 crash that killed two men, ages 21 and 22. The Cook County prosecutor's office dropped the aggravated drunk driving charges against the officer after a judge threw out key evidence in the case during a court hearing in April.
The accident happened shortly after 2:30 a.m. when the victim's Pontiac did not yield at a stop sign. The officer struck their vehicle with his Dodge SUV. Initially charged with misdemeanor DUI, those charges were later upgraded to a felony.
However, a judge ruled there was no evidence that the officer was drunk at the time of the accident. He was off-duty and prosecutors presented a videotape showing him consuming five shots and other drinks at a bar shortly before the crash. The officer wasn't given a breathalyzer until seven hours after the crash. The judge ruled the officer who administered the breathalyzer test lacked probable cause. Key blood-alcohol evidence was also dismissed from the case.
The rulings so enraged three members of the victims' family that they were arrested in a courthouse scuffle with police.
The officer is currently on administrative leave pending the outcome of an internal investigation.
You can watch and read the ABC7 report here.
The NBC report is available here.
If you are involved in an Illinois car accident, contact the Chicago accident lawyers at the VanPopering Law Offices for a free appointment to discuss your case. 1-800-767-4878.
