DUI Charge Dropped In Fatal Collision

Witnesses say 32-year-old bicyclist William R. Posey suddenly pulled out in front of a vehicle. That vehicle was 36-year-old motorist Dale W. Smith's vehicle. The Morris Daily Herald reports that the impact killed Mr. Posey. The incident happened on a poorly lit roadway in the dark of night. Mr. Posey was wearing dark clothes.

Smith is being charged for failure to reduce speed to avoid an accident. The results of a breathalyzer test indicate that Smith had a BAC of 0.053 percent, which is less than the legal limit of 0.08 percent. A second citation that charged Mr. Smith with driving under the influence was dropped. Typically, an Illinois DUI attorney knows that if the driver's blood alcohol is lower than the legal limit, that driver can still be charged with a DUI based on other factors. However the burden of proof for that citation lies with the Grundy County State Attorney in this case.

Witnesses did not report weaving or otherwise erratic driving, either, said Grundy County State's Attorney Sheldon Sobol. Still, Sobol explains to the Morris Daily Herald that the charge was a judgment call on his part:

"We knew it was questionable at the time. However, there clearly was alcohol on his breath."

Mr. Smith fully cooperated with police. Mr. Smith's attorney Gary Garretson was pleased by the decision of the state attorney's office to drop the second charge:

"I know there were comments made in the newspaper by a number of people -- presumptions of guilt regarding Mr. Smith because he had something to drink, and there was a death."

Mr. Garretson also told reporters that he advised his client not to talk about the incident at all, in an attempt to deflect criticism for not apologizing to Mr. Posey's family.

Toxicology reports released by Grundy County Coroner John Callahan indicated that Posey's BAC was 0.223 percent at the time of the accident.

Related Resources: