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Archive for the ‘aggravated DUI’ tag

What Turns a DUI Into an Aggravated DUI?

June 12th, 2019 at 5:14 pm

Illinois defense attorney, IL criminal lawyerIt was in February of 2019 that a woman was convicted of an aggravated DUI after crashing into a stalled vehicle on the Murray Baker Bridge in 2017, killing another woman. She faced up to 14 years in prison, but recently was sentenced to three years. Under her no contest plea, she is eligible for appeal and probation, but must serve at least 85 percent of her sentence.

Any DUI is considered a serious offense in the state of Illinois. An aggravated DUI however, involves certain factors that upgrade the crime to something more serious.

Misdemeanor DUI vs. Aggravated DUI

Most DUIs in Illinois are considered Class A misdemeanors that carry a maximum sentence of one year in prison. Many first offense misdemeanor DUIs do not involve any jail time. When there are certain other factors involved in the crime, known as aggravating factors, the charge of DUI is upgraded to a felony or an aggravated DUI.

When a person is convicted of an aggravated DUI, the minimum sentence is a minimum of 10 days in jail or 480 hours of community service. Aggravated DUIs differ from misdemeanors mainly due to the fact that maximum sentences exceed one year. Sentences for aggravated DUIs are typically between at least one and three years.

Types of Aggravated DUI Offenses

There are many different circumstances that can result in a DUI becoming an aggravated DUI. They include:

  • Prior offenses: When the driver has two or more prior DUIs, any others that follow are considered aggravated DUIs
  • Driving on a suspended or revoked license: When the driver’s license is suspended or revoked for prior DUIs, leaving the scene of an accident, or reckless homicide
  • Driving without a valid license: When the driver does not have a valid driver’s license, learner’s permit, or restricted driving permit
  • Driving without valid insurance: When the driver knew, or should have known, the vehicle they were driving was not covered by proper liability insurance
  • An accident occurred that resulted in great bodily harm: The prosecution will likely press aggravated DUI charges, even if the drunk driver was not at fault for the accident
  • Accidents resulting in bodily harm to those under 16: When those injured are minors, any extent of injury will result in an aggravated DUI
  • Accidents resulting in death: These aggravated DUI charges count as one felony, regardless of the number of fatalities. Unlike other instances, the drunk driver must have contributed to the accident.
  • Drunk driving in a school zone: If a drunk driver harms anyone while driving through a school zone, they will face aggravated DUI charges. Serious injuries are not required but if an accident does result in great bodily harm, the charges and associated penalties will likely increase.
  • Driving a school bus with passengers under the age of 18: Even one passenger can result in an aggravated DUI charge, and the incident does not have to involve an accident.
  • Prior DUI convictions under certain circumstances: These include carrying a passenger under the age of 16 and previous convictions for an alcohol-related homicide offense.

When facing charges for any type of aggravated DUI, those accused must speak to an experienced criminal defense lawyer that can help.

Charged with a DUI? Call Our Rolling Meadows Criminal Defense Lawyer

If you have been charged with any type of DUI, contact a skilled Rolling Meadows criminal defense lawyer today. At the Law Offices of Christopher M. Cosley, we want to help you build a solid defense that will have your charges dropped or reduced so you face as few penalties as possible. These charges are serious, and you need someone with experience to help you get the best possible outcome for your case. Call us today at 847-394-3200 or fill out our online form for your free consultation.

 

Sources:

https://www.pjstar.com/news/20190424/dunlap-woman-sentenced-for-2017-fatal-dui-accident

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Can I Get a DUI on a Bike in Illinois?

April 17th, 2018 at 8:59 am

DUI on a bike, Rolling Meadows DUI attorney, DUI conviction, aggravated DUI, DUI penaltiesAfter drinking too much, the worst decision is to get into a vehicle and drive. Taking a cab, ride share, or otherwise getting a ride home is the best option. However, some people may want to ride their bike home after having a bit too much to drink. This option is safer than driving a car; however, there are safety risks to riding a bike under the influence. Additionally, while there are certainly dangers to riding a bike under the influence of alcohol, and other states give DUIs to bike riders, you will not receive a DUI charge.

Illinois DUI Laws

Illinois DUI statute states that “a person shall not drive or be in actual physical control of any vehicle” while having a blood alcohol concentration of 0.08% or more. The definition of vehicle under Illinois law is a device that transports a person or property, “except devices moved by human power.” By definition, a bike is not categorized as a vehicle. A bike is “moved by human power.”

In order to receive a DUI on a bike, the bicycle must be motorized and capable of traveling greater than 20 miles an hour. That being said, while you cannot get a DUI while riding a bike, riders are still subject to the same laws as motor vehicle drivers in Illinois.

Even if you cannot receive a DUI while riding a bike, you can definitely still receive a DUI while operating your car. Driving under the influence is dangerous, but it does happen. Moreover, you need to be aware of what can happen if you are charged with a DUI.

If you are convicted of a DUI, you can face hefty penalties. The more DUIs you have on your record, the more severe the consequences get. In Illinois, one DUI can lead to a license suspension for three months, or even more. A second DUI conviction carries the possibility of a one-year suspension of your license. Receiving a third DUI can lead to the suspension of your license for up to 10 years. The penalties rise from there. Both misdemeanor and felony convictions are possible, as well as a charge of an aggravated DUI.

Let Us Help You with Your Case

If you have been charged with a DUI, you need a dedicated and experienced Rolling Meadows DUI attorney who can fight for you. At the Law Offices of Christopher M. Cosley, we are uniquely qualified to handle your DUI defense. Do not hesitate to contact us today for help.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K1-217

What is an Aggravated DUI?

March 12th, 2018 at 3:39 pm

aggravated DUI, DUI charge, felony DUI, Illinois automobile insurance, Rolling Meadows criminal defense attorneysIn Illinois, the more a person is charged with driving under the influence (DUI), the harsher the penalties get. The different types of DUI charges that are possible in Illinois are outlined in 625 ILCS 5/11-501.

A DUI can be classified as both a felony and misdemeanor. An aggravated DUI is a felony DUI. You can be charged with a felony DUI, even if it is your first DUI arrest or charge.

Proving an aggravated DUI is the same as proving a misdemeanor. The prosecutor must show that the defendant broke a law in some way, most often driving with a blood alcohol content of more than 0.08 percent.

In addition to proving a violation of law, there are 11 circumstances that can elevate a misdemeanor DUI to an aggravated DUI. The following are the circumstances that make a DUI a felony:

  • The charge is the 3rd or subsequent DUI charge. A DUI arrest will always be a felony if you have two or more prior DUI convictions;
  • Driving a school bus with children under the age of 18 on board;
  • Driving under the influence that results in a car accident with a victim who suffers permanent disability to great bodily harm. This injury must be caused because you were driving under the influence;
  • Having a reckless homicide conviction on your record because of intoxication or impairment;
  • Having an accident in a school zone where another person suffered bodily harm;
  • The DUI being the proximate cause of death of another;
  • Being arrested for a DUI while having a suspended or revoked license. The suspended or revoked license must be the result of a prior DUI, statutory suspension, or reckless homicide.
  • Not having a valid license at the time of the DUI offense;
  • Driving a car that you know is not insured;
  • Being the proximate cause of bodily harm to a child; and
  • Committing a DUI with a passenger that is under the age of 16 and you already have another DUI.

How Serious is an Aggravated DUI?

Any kind of DUI conviction can be detrimental to you and your family, but an aggravated DUI can create many more problems. A misdemeanor DUI has a maximum sentence of less than one year. A felony offense can carry a much higher jail or prison sentence. A felony DUI carries a prison sentence of one year or more. In addition, there is a maximum fine of $25,000.

Reach Out to an Attorney for Help

If you are facing criminal charges, you should contact an attorney immediately. Choose an attorney with the experience and skill to represent you. The Law Offices of Christopher M. Cosley can defend you zealously in an aggravated DUI case. Our Rolling Meadows criminal defense attorney can provide an effective defense. Contact us today for a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Reckless Homicide Charges in Motor Vehicle Accidents

October 28th, 2015 at 6:43 pm

Illinois defense attorney, Illinois homicide statutes, Illiois criminal attorney,Accidentally killing another person with a vehicle is a tough thing to live with, and while the defendant never meant to take a life, he or she will likely be prosecuted if there is evidence to suggest that the driver acted negligently in some way, and that the negligence led to the death. Frequently, defendants in these types of situations find themselves facing criminal charges, and based on the facts surround the fatal accident, additional charges can be brought against the defendant as well that carry more severe penalties.

Reckless Homicide, Plus Other Charges

The exact details of the accident can have an impact on what charges can be brought against the defendant. As an initial matter, when a motor vehicle accident results in a fatality, an allegedly negligent driver is usually charged with reckless homicide under 720 ILCS 5/9-3, which is a Class 3 felony that carries a jail sentence of between two and five years. But other negligent actions can add to the charges.

For example, the penalties for a driving under the influence conviction are severe enough on their own, but when a death occurs, prosecutors charge defendants with everything in their arsenal. When a fatal accident results from someone driving under the influence of drugs or alcohol, the defendant can be charged with aggravated DUI under 625 ILCS 5/11-501(d)(1)(F) in addition to the reckless homicide.

Where the fatal accident takes place can serve as evidence of negligence, this can result in enhanced penalties and additional charges. For instance:

  • Work zone. Under  720 ILCS 5/9-3(e-7), a fatal accident occurring in a work zone  (i.e., a construction zone or maintenance zone), is a Class 2 felony that carries a jail sentence of three for 14 years. If multiple people are killed as a result of the accident, the sentence minimum and maximum double to six to 28 years under 720 ILCS 5/9-3(e-8).
  • Under Officer’s Orders. Also under 720 ILCS 5/9-3(e-7), if a driver fails to obey a law enforcement officer’s orders and causes a fatal accident, the driver will be charged with a Class 2 felony carrying a jail sentence of three to 14 years.  If multiple people are killed as a result of the accident, the sentence minimum and maximum double to six to 28 years under 720 ILCS 5/9-3(e-8).
  • School zone. Under 720 ILCS 5/9-3(e-2), a fatal accident occurring on a public thoroughfare where either school children or a crossing guard are present is a Class 2 felony, which can carry up to three to 14 years of jail time. If multiple people are killed as a result of the accident, the sentence minimum and maximum double to six to 28 years under 720 ILCS 5/9-3(e-3).

Call the Law Offices of Christopher M. Cosley

Simply because you accidentally killed another does not necessarily mean that you or someone you love was negligent. Fight the charges. Please contact an experienced Rolling Meadows aggravated DUI lawyer immediately. Call the Law Offices of Christopher M. Cosley. Our phone number is (847) 394-3200.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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