FTVLive has been reporting on the arrest of WBBM Investigative Reporter Dave Savini of DUI and other charges. WBBM has yet to report on the story of the arrest.

Now Prosecutors in the case say there is a conflict.

The Chicago Tribune reports that DuPage County prosecutors are asking to bring in outside counsel to handle the case of a Chicago television reporter charged with drunken driving.

In a motion filed Monday, prosecutors asked for the appointment of a special prosecutor because a DuPage assistant state’s attorney is a brother-in-law to Dave Savini of CBS Channel 2 and could be called as a witness in the case.

The motion will be heard Wednesday morning before DuPage Chief Judge John Elsner.

Savini, 47, was arrested last weekend and charged with driving under the influence, battery and other charges after he allegedly shoved another motorist and then left the scene of a minor traffic accident in the parking lot of a Taco Bell in Naperville.

The motion did not name the assistant state’s attorney who is related to Savini, other than to say he is a supervisor, and it did not say whether he is employed in the criminal or civil division.

However, because the brother-in-law is a potential witness in the case, the relationship would pose, at the least, the appearance of a conflict of interest, the motion said.

State’s Attorney Robert  has asked neighboring Kane County for assistance, according to the motion. Kane State’s Attorney Joe McMahon said Tuesday his office has agreed to take on the case, pending the approval of the court, but declined further comment until the motion has been heard.

Police say Savini had a blood-alcohol level of .13 after he was stopped about three miles from the restaurant in the early morning hours on Jan. 4. Because he had two teenage passengers with him, he was also charged with misdemeanor counts of endangering the life of a child.