According to an Associated Press article dated 11/14/14, the Illinois State Bar Association is seeking to change Illinois’ zero-tolerance DUI law through a bill that has already been submitted to the state legislature.

The proposed measure cites a Lake Island incident in December 2011 in which a father was charged with homicide after his ten year old son died in a crash caused by a distracted driver.

Illinois drivers with any amount of an illegal drug in their system can be charged with a DUI, even if they were not under the influence or at fault when a serious accident occurred, the Daily Herald reported.

The Illinois State Bar Association agrees that the DUI law, which was written in the 1980’s, shouldn’t apply to drivers who weren’t impaired during the time of the accident.

The circumstances of this case showed that the father, Scott Shirley, was charged two months after the fatal crash due to trace amounts of marijuana found in his blood test. By law, authorities are required to take blood samples of all drivers involved in crashes that result in death or serious injury. The fact that Shirley was not impaired when the other driver ran the red light and crashed into his car was not allowed as a defense. Shirley eventually pleaded guilty and received 30 months probation according to his attorney because his client had no defense.