CHICAGO (CBS) — A lawsuit is being filed Thursday against Illinois State Police and the Village of Westchester for the handling of a woman’s drunken driving arrest last September.

As WBBM Newsradio’s Bernie Tafoya reports, the lawsuit on behalf of Diana Paz’s family contends an Illinois State trooper never should have driven her to a gas station at Mannheim Road and the Eisenhower Expressway, after the 25-year-old woman posted bond following her DUI arrest.

LISTEN: WBBM Newsradio’s Bernie Tafoya reports

<a href=";?Early on the morning of Sept. 2, police had arrested Paz as she drove home drunk from her own birthday party. State police gave her a ride to the west suburban gas station after she told them she had no family or means of getting home.

Shortly afterward, Paz was struck and killed by a car as she walked onto the expressway.

Paz’s family said she was still drunk at the time she was dropped off, and never should have been left alone.

“The main point here is she was still 2 to 2 1/2 times the legal limit; was clearly intoxicated…. The Cook County Medical Examiner establishes that without any doubt,” said family attorney Tim Cavanagh.

Cavanagh says Paz’s family wants the state police procedure changed.

State police spokeswoman Monique Bond said there will be no comment on the lawsuit right now, but that the trooper did follow proper procedures.

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