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Sadly because he ran away and there doesn't seem to be an independent witness, they can't prove he was driving. His lawyer will argue the woman was driving and Jon was the passenger, and ran away out of panic.How is a dui and fleeing the scene of an accident not a felony? Ridiculous
But that's his voice on the phone, and I'm sure they tracked his cell phone moving with the vehicle, stopping when the car crashed, and then moving away slower (on foot, probably to his house). So they can prove he was in the vehicle and fled the scene, which is what they charged him with.
We can only hope the judge watches this video and gives him the maximum.