QUESTION
agg.dui 625 IIc5 5/11-501(a)(6)(d)(1)(f) - class2 accident/death 7/26/08 also driver-violation ILL mtr. carrier law
Asked on Apr 15th, 2014 on DUI/DWI - Illinois
More details to this question:
in 2008 I was involved in a accident with a fatality, I was an over the truck driver passing though Illinois after the accident I was taken to hospital for blood draw an urine test, after that went back to my home state. the trucking companies lawyer called me a few times the final time he told me it was an ruled an unavoidable accident It was over. I heard no more, until I got pulled over in 2011 an informed I had a warrant for agg. dui (alledgedly had trace amount of meth in blood an urine) my question is does the prosecuter have to prove that the alledged drugs caused me to have the accident? have had two lawyers an both took jobs for the state. they both had told me no he doesn't have to prove it caused it. I am currently seeking an experienced dui lawyer to represent me, in the process I've ask this Question an some are adiment that he doesn't an some just as sure he does. if anyone can tell me who's right ,I'd appreciate very much !
1 ANSWER
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The answer is it depends. Most experienced lawyers are probably thinking of a case called People v. Martin. The general rule is no impairment must be shown. However, what must be shown is something called "proximate causation". In other words, your driving should have done something to cause the accident. In Martin, the trucker missed a curve and therefore caused the deaths.
I think there's a distinguishing factor if you were just sitting there 100% within the law, and someone rams you causing their own death. That's a pretty high end question though, that will turn on the facts of the case.
Answered on Apr 21st, 2014 at 10:28 AM