In Illinois, the punishment imposed for a DUI conviction depends, in part, on whether the defendant caused any other person to suffer bodily harm. For example, a defendant involved in a fatal DUI crash will most likely be charged with aggravated DUI, which carries a mandatory penalty of three years in prison for each person killed. As demonstrated in a recent Illinois case, the courts do not take kindly to DUI defendants attempting to avoid a guilty verdict with novel legal theories and are apt to impose significant penalties. As such, if you are charged with aggravated DUI, it is critical that you retain an Illinois DUI defense lawyer with the skills and resources needed to help you seek the best legal outcome available under the facts of your case.
The Fatal Collision and Subsequent Conviction
Reportedly, a South Peoria man was convicted of aggravated DUI, reckless homicide, and aggravated street racing after a crash that killed two people and seriously injured another. The defendant attempted to argue that a past appellate court case provided him with some leeway, but the judge rejected his assertion, stating that the case in question was not applicable. The defendant also claimed that the victims’ car crossed in front of him during the incident, but the judge dismissed this argument as well.
It is alleged that the defendant was found guilty of having numerous narcotics and illicit drugs in his system at the time of the accident. During the sentencing hearing, the defendant expressed remorse, but the judge criticized him for his arrogance and lack of accountability. The judge sentenced the defendant to 31 years in prison, with the possibility of release in approximately 22 years. He plans to appeal the decision. Continue reading →