Springfield
police officer James Stewart has been acquitted of charges that he was driving
under the influence of alcohol when he crashed his car in 2014.
Sangamon
County Circuit Court Judge Rudolph Braud acquitted Stewart today after a bench
trial held last week. Braud, however, decided that Stewart was guilty of
illegal transportation of alcohol and improper lane travel.
Stewart
had a 1.75 liter bottle of Maker’s Mark bourbon in his car that was two-thirds
empty when he crashed his Toyota Camry into a concrete median on the 1600 block
of Stevenson Drive on April 12, 2014. He said that he had swerved to avoid a
dog that had run across the road and suffered a head injury in the accident,
which explained why he was exhibiting signs of impairment consistent with
intoxication, including slurred speech and indications of problems with
balance. He declined to perform roadside sobriety tests or submit to breath testing.
During
closing arguments Patrick “Tim” Timoney, Stewart’s lawyer, told the judge that
Stewart had been drinking prior to the accident but pointed out that it is not
illegal to drink before driving. He argued that the state had not established
its case beyond a reasonable doubt and that there was a plausible explanation
for both the accident and how Stewart acted in the aftermath.
Braud
last year had ruled in Stewart’s favor in a hearing held to determine whether
his driver’s license should be suspended. The judge ruled that there was not
sufficient reason for police to believe that Stewart was under the influence of
alcohol and therefore should be required to take a breath test.
After
Braud’s ruling, Timoney said that he wasn’t surprised by the verdict.
“That’s
the exact result that there should have been,” Timoney said. “Just because he’s
a police officer doesn’t mean he should be held to a higher standard.”
Contact Bruce Rushton at brushton@illinoistimes.com.
This article appears in Jun 25 – Jul 1, 2015.
