A DUI lawyer in Illinois could soon be facing the prospect of facing criminal charges for the crime.
In a new lawsuit filed Tuesday, attorney David Milloy claims the Illinois Department of Justice (IDJ) illegally and capriciously sent him a letter in August asking him to submit a plea of guilty to a DUI charge in Illinois.
Milloy was charged with DUI on July 18, 2017 after police said he swerved into the path of a pedestrian.
Milloy was arraigned and later sentenced to three years probation.
Millox’s lawyer, Robert A. Miller, said Milloy had been in the midst of a legal battle with his own attorney when he received the letter from the state.
Millox’s attorney said Millox has a history of alcohol abuse, which is why he was charged.
“He was trying to get his attorney’s attention on a case, he was trying desperately to get the attorney’s help to help him get his case resolved,” Milloy said.
“I was going to be charged, I was going get arrested.
I was trying hard to get my case resolved.
The letter was just kind of a bait and switch to get me to agree to plead guilty.”
Milloy said he had been drinking at the time of the crash.
He said he was driving on the street and he lost control of his car after hitting a pedestrian, causing it to roll off a curb.
Millonys lawyer, Miller, told CNN that Milloy has been sober since June and has successfully completed a substance abuse program.
Millwood was arrained on the DUI charge after his lawyer filed a motion in federal court, alleging that the IDJ violated his rights.
Millonys attorney said the IDPJ’s letter was “a sham.”
“It’s just an attempt to throw me under the bus,” Millonay said.
The IDJ said Millonoy did not submit a formal plea and the attorney had not agreed to the letter.
Milloway said Millos attorney was able to read the letter, but was not allowed to see the document.
Milloway’s attorney, Miller said he believed Milloy’s legal team had been contacted by the IDPD before the letter was sent.
Millons lawyer, said he believes the IDD is trying to intimidate Milloway.
“We’ve had no response to our motions, we’ve had zero communication from the IDW,” Miller said.
Millions legal team said Milloway is being investigated by the agency for possible violations of the federal and state laws regarding alcohol and driving.
Millows attorney, Joe Kagan, said it is not uncommon for prosecutors to contact people in the legal community to see if they might be able to get charges dropped in certain cases.
“The reason they might do that is to make it look like they are trying to do something that is not possible,” Kagan said.
Millowlings lawyer, Kagan says Milloys case is not unusual.
“It would be rare for someone who is a victim of an auto accident to have a DUI charged,” Kaga said.