Man Who Beat DUI Charge Involved In Fatal Crash

A fatal downstate crash involving 32-year-old James L. Griesbaum is currently under investigation by Illinois State Police; but no charges have been filed, according to an article in the St. Louis Post-Dispatch. Police told reporters they believe alcohol was involved, even though no one has been charged with a DUI.

Statistics are hard to come by, but most Illinois DUI lawyers anecdotally say that DUI cases very rarely go to trial.

An article in the Belleville News Democrat provides a little more information about Mr. Griesbaum's November 2008 court victory, but not many details about the case itself. State Police charged Mr. Griesbaum with a DUI after a stop near Joliet but a Will County jury found him not guilty, according to court records cited by reporters.

His license reportedly was suspended. He received a court order for a restricted license just a few months before his trial; allowing him to drive to work and medical appointments. Will County State's Attorney James Glasgow did not comment to reporters, nor did Mr. Griesbaum's Illinois DUI attorney.

Despite the fact that those charged with a crime are presumed innocent until proven guilty, Mothers Against Drunk Driving spokeswoman Kristi Hosea suggested to reporters that his court victory likely was a failure of justice:

"A not-guilty verdict by a jury often shows the community sees drinking and driving as an acceptable behavior."

Ms. Hosea also suggested that perhaps Mr. Griesbaum refused to take a blood alcohol test, which would have made the case difficult for prosecutors to prove. The other possibility, of course, is that Mr. Griesbaum was not drunk at all.

While Mr. Griesbaum's past case has no bearing on his most recent accident (especially since he won his case), the details of that incident should become much more clear once authorities wrap up their investigation. Barbara K. Green was killed when Mr. Griesbaum's truck allegedly crossed the center line and hit her car head-on.

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