* Scott Shirey was driving his twins to swimming practice when their car was hit by a distracted driver in an overloaded pickup truck who blew through a stop light. One of the twins died. Wanna guess who was charged?…
Even though another driver caused the accident, it was the Island Lake father who faced up to 14 years in prison. He was not impaired at the time, but Shirey, now 52, was charged two months later after a blood test showed traces of marijuana in his system from — according to his attorney — smoking it a month beforehand.
“Nothing can possibly illustrate this idiotic law more than the Scott Shirey case,” defense attorney Patrick O’Byrne said. “It’s incomprehensible how bad the law is. It’s a worst-case scenario, charged with the homicide of your own son for smoking pot that had nothing to do with the accident.”
Yet prosecutors, law enforcement and Attorney General Lisa Madigan unequivocally support the law.
“The legislature has said, ‘If you’re going to consume these illegal drugs — illegally — you can’t drive,’” said Kane County State’s Attorney Joe McMahon, noting the law clearly states drivers testing positive for any amounts of the drug are breaking the law.
Geez, what a dumb law. And what kind of a yahoo reefer madness prosecutor even charges a guy like that?
* The ISBA is trying to correct it…
The state bar association has submitted a bill to the state legislature to change the DUI law in Illinois. […]
The Illinois State Bar Association says the DUI law shouldn’t apply to drivers who weren’t impaired during the time of an accident.
Seems to make sense to me.