As reported by the Oak Forest Patch, though a 39 year-old man was found guilty of aggravated DUI due to a single vehicle accident that resulted in the death of a 24 year-old man four years ago, his attorney has found several reasons to appeal the verdict and ask for a new trial.
M.M., of Oak Forest, is currently awaiting his sentencing in the Cook County Department of Corrections. His guilty verdict was read in Markham, with Judge Luciano Panici presiding, on September 20.
M.B's blood alcohol level was .08 percent or more when he struck S.W., of Frankfort, with his vehicle and killed him on impact in 2008.
Though sentencing and post-trial motions are scheduled for October 15, M.B.'s attorney, Patrick M. Campanelli, told the press that the conviction should be thrown out on appeal and a new trial needs to be scheduled.
Campanelli told reporters that there were several issues, starting with challenging if his client's blood alcohol test was accurate, that demand an appeal.
Campanelli said, "It is my position that my client was not responsible for the accident."
Campanelli further argued that a new statute, that says there must be a "proximate cause" between the accused driving and the cause of death, requires that the state must prove that DUI was the primary cause of a death.
Campanelli believes that as the statute is currently used, there is "no requirement at all except that the accused with the BAC above .08 is behind the wheel."
Campanelli explained, "Say, you're sitting in a car at a red light with a blood alcohol level of .08 and a car runs a red light, hits the back of you and there's a death. You could be charged. That's way the judges here interpret(ed) it… It is apparent that under the new statute and new interpretation that many innocent people will be going to jail because of the desires of organizations that want to see a zero tolerance with drinking and driving."
Another area of debate for Campanelli is the introduction of hospital medical records. He stated that the prosecution did not produce a witness he could cross-examine as to the accuracy of the records presented.
Campanelli further argued that introducing the medical records in a DUI trial is a direct contradiction of another statute – one that doesn't allow the introduction of such medical evidence, or police records, in criminal trials.
Campanelli concluded, "So (the fact that) it is reliable in DUI but not other criminal charges make no sense. It is not allowed in other crimes because without cross-examination the reliability and credibility is always in question."
Representatives from the Cook County State's Attorney's Office were unavailable for comment.
Defending criminal charges that stem from a DUI, DWI, OUI or OWI can be complicated. Contact a DUI attorney for help. Only an experienced DUI attorney can properly manage your defense, and help you avoid the loss of your driving privileges, fines or jail time.