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If someone is high and got into a car accident, can they be charged with a crime?

Driver took a couple hits with a friend about a half hour before this incident occurred. The police came to the scene, the other person who was hit was injured and had to go to the hospitel. The cop said that the driver's eyes were red and glassy so he gave them breathalyzer. They passed. He searched the car and didn't find anything but he included something in the report about driver being high.

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    Vincent C. Machroli | Law Office of Vincent C. Machroli, P.C.
    High Point Plaza
    Hillside, IL 60162-1949
    (708) 449-7400
    Yes, they can be charged. A skilled criminal defense attorney would need to discuss this matter with the driver in greater detail, & ask them many questions, in order to give them the proper legal advice they seek (& possibly a quote to provide representation). Driver should schedule a consultation ASAP. Once the matter is resolved to their satisfaction, they'll be glad they paid the money to hire an attorney & properly protect their legal rights.
    Answer Applies to: Illinois - Replied: 5/4/2013
    Louis J. Meyer | Meyer & Kiss, LLC
    311 W. Stratford Drive
    Peoria, IL 61614
    (309) 713-3751
    Yes the driver can get charged with a crime. A very serious crime. I would not write anymore information regarding this on a public forum. The driver needs to retain an attorney right away. Was there any blood draw? Where did this occur? The friend might also want an attorney.
    Answer Applies to: Illinois - Replied: 4/30/2013
    Timothy J. Thill | Timothy J. Thill P.C.
    261 E. Quincy ST
    Riverside, IL 60546
    (708) 443-1200
    Of course, a person who is doped up can be charged with a crime, if involved in an accident, that being DUI drugs. You do not say if the police asked him to submit to a drug test, I assume they did, after the negative breath test result, perhaps he refused it. There have to be factors present in the defendant's physical appearance, speech, eyes, and physical co-ordination, causing the officer to be on the opinion he was under the influence at the time of the accident.
    Answer Applies to: Illinois - Replied: 4/30/2013
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