You are at a local bar meeting up with some friends to watch the NCAA Championship game. As you watch it, you enjoy a few beers. Both teams played hard, which made for an exciting game, and the final score came down to the events of the very last seconds of the game.
After the game, you sit back and have a lively conversation with your friends about the teams and the game’s highlights. You still have half of your beer to drink, but you are ready to head home, so leave it behind, pay your tab, say your goodbyes, and leave the bar.
You start your car and begin driving out of the bar’s parking lot. About five minutes into your drive home, you hit a parked car on the side of the road. You proceed to get out of your car to assess the damage. In as little as 30 seconds, you notice that others rush towards the scene because they overheard the crash. One person calls 911, and the others are actively filming the aftermath.
You do what is right and lawful, and wait for the police to arrive. You are feeling incredibly nervous and trying to mentally prepare yourself for being arrested for a DUI because you know that you hit the car after leaving the bar. However, when the cops get to the crash scene, you are shocked that the whole ordeal does not end up with you in handcuffs and facing DUI charges. You find out the reason is that there were no direct witnesses.
How A Direct Witness Can Impact Your Case
A direct witness is an individual who actually sees a person driving their vehicle when a crash happens. If an officer personally does not witness a person driving their car at the time of a crash or no other party has seen a person driving their car at the time of the crash, then, based on legal procedures, officers would not likely make an arrest.
A prosecutor needs substantial and persuasive evidence against a defendant to build a successful case. In an Illinois DUI case, having someone who saw a person operating their vehicle at the exact time they crashed it into another vehicle is essential. Without such first-hand visual evidence, it can be difficult for a prosecutor to build a sound case.
No responsible person would recommend or try to justify drunk driving, but in this situation, the lack of a direct witness could be the reason why an arrest is not made. On the other hand, if an arrest is made under the same circumstances with no direct witness, a skilled and experienced Chicago DUI lawyer will be able to seize on this fact and improve the chances of such a case being dismissed.
Get Qualified Legal Help Today
If you need representation for a DUI charge, Glasgow & Olsson is uniquely qualified to help you.
Thomas Glasgow has lectured statewide on DUI practice and law for the Illinois Institute of Continuing Legal Education. He is recognized as an authority in this area of law, and in addition to lecturing, he also writes for the statewide DUI manual. Due to his expertise, Attorney Glasgow is regularly featured on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox News.
When you need an attorney, experience matters.
Speak with our Chicago DUI defense attorneys today to learn how our experience can get you the results you deserve.