DUI & Leaving the Scene of an Accident

By: Attorney John Plascak

In November of 2021 a client reached out to Driver Defense Team looking for representation in regard to multiple violations including:

• Driving Under the Influence of Alcohol
• Failing to Report Property Damage After Auto Accident
• Illegal Transportation of Alcohol
• Operating a Vehicle Without Insurance

What happened?

In the early morning hours on a cold night in November, our client was driving down a public roadway when he struck three parked vehicles. This accident caused significant damage not only to his personal vehicle but also the parked vehicles the struck. Witnesses nearby heard the accident and contacted the Chicago Police Department to look into the incident.

When a few Chicago Police officers arrived on the scene they found several parked vehicles that had sustained significant damage. Unfortunately for them, the police officers were unable to locate the suspect who had committed the damage to the vehicles.

What happened to the suspected vehicle? During the accident, the suspect’s vehicle lost a tire which remained at the scene for the police to examine. The suspected vehicle then continued to drive down the road without a tire causing unsightly damage to the roadway.

Chicago Police officers were able to follow the damage on the roadway to our client’s residence where they found a parked vehicle – missing a tire. They obviously wondered if this was the vehicle suspected in the altercation. At that point, an individual was located in the front of the vehicle with a visible bottle of alcohol in their possession.

At that point, our client was arrested for Driving Under the Influence of Alcohol, Failing to Report Property Damage After Auto Accident, Illegal Transportation of Alcohol and Operating a Vehicle Without Insurance. 

When an individual is arrested for Driving Under the Influence in Illinois, the individual will be asked to submit to field sobriety testing along with a breathalyzer and/or chemical testing to determine the amount of alcohol or other substances in the individual’s system. In this specific case the client refused to submit to any such testing. If an individual denies any testing, they will receive an automatic suspension of their driver’s license for a period of 1 year. However, if an individual submits to testing, they will receive an automatic suspension of their driver’s license but for the lesser period of 6 months. It is important to be aware of this if you ever find yourself in this particular situation. Submitting to testing may result in a shorter license suspension but may prove detrimental to your larger DUI charge. It is important to contact an attorney to discuss a complicated case such as this.

How did Driver Defense Team help?

When the client first called Driver Defense Team he explained that the most important thing in his life was his ability to drive to work. Given each individual is in a different situation and may have different goals it is important to discuss this between attorney and client. There are many different ways to approach a DUI charge in order to get the best outcome for the client.

The first step in any case is to collect all of the discovery or evidence regarding the incident. After our attorneys received all of the police report and police videos of this particular incident it appeared that the deck was heavily stacked against our client. However, our legal team has some superior and experienced negotiators!

In Conclusion

After speaking with the State’s Attorney prosecuting the case, Driver Defense Team was able to get the client’s driving privileges reinstated. Our team was also able to avoid a DUI conviction. The client’s goals were met (and exceeded) through utilization of the Team’s superior negotiating skills and legal knowledge.