Excerpts from the ChicagoTribune.com:
A DuPage County judge dismissed charges on Thursday against a freelance video journalist who was arrested while filming a crash on Interstate 88 near Naperville. After hearing testimony from an Illinois State Police trooper who arrested David Weaver of Sugar Grove, Judge Joseph Bugos dropped the misdemeanor charges during the middle of Weaver’s bench trial.
Weaver’s attorney, Matthew Topic, claimed that prosecutors had not met their legal burden in proving the charges of stopping in a roadway, walking improperly on a highway, and failing to yield to emergency vehicles. The judge agreed, ending the trial after the prosecution's case was presented and dismissing the counts. In a prior ruling, the judge had already thrown out a trespassing charge against Weaver.
Weaver, who produces and sells video content to local TV stations, was taken into custody on August 11, 2018, while capturing footage of a fiery two-car collision on the eastbound lanes of I-88 near the Illinois Route 59 ramp.
After the trial, Weaver stated that he wasn’t interfering with emergency responders and was on the opposite side of the median when he was arrested by the trooper.
Weaver’s attorney, a free speech expert, suggested that the case could have raised First Amendment concerns. However, Topic explained that they succeeded based on more straightforward legal grounds—specifically that the state failed to prove the necessary elements of the charges against Weaver.
"This didn’t turn into a First Amendment case, but we were ready to take it there if needed," Topic said.
Weaver’s case highlights the ongoing tension between journalists and law enforcement at accident scenes. While reporters often work to document events for public information, they sometimes find themselves caught in legal disputes over access and conduct. This case serves as a reminder of the importance of understanding traffic laws, especially for those working in the field.
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