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Archive for the ‘Rolling Meadows aggravated DUI lawyers’ 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

Aggravated DUIs in Illinois

July 24th, 2017 at 7:05 am

aggravated DUIs, DUI convictions, DUI defendants, DUI violation, Rolling Meadows aggravated DUI lawyersAll driving under the influence (DUI) convictions are serious offenses. But, in the eyes of the law, an offender who is caught driving while impaired by drugs or alcohol under certain extreme circumstances is seen as being as being more morally culpable than others, and can therefore be charged with the elevated offense of aggravated driving under the influence (also referred to as felony DUI).

Each state defines aggravated driving under the influence a bit differently. However, here in Illinois, felony driving under the influence is codified under code section 625 ILCS 5/11-501 and, in a nutshell, states that an individual commits an aggravated DUI when he or she is in actual physical control of a vehicle in Illinois while under the influence of alcohol, drugs, intoxicating compounds, or a combination thereof, and any of the following aggravating factors were present:

  • This is the offender’s third or more DUI offense;
  • The offender was driving a school bus with at least one passenger aboard;
  • The offender was involved in an accident resulting in great bodily harm, permanent disability, or disfigurement to another (when driving under the influence was the proximate cause of the injury);
  • The offender was previously convicted of reckless homicide while under the influence of alcohol, drugs, or intoxicating compounds;
  • The offender was driving in a 20 mph school zone and was involved in an accident resulting in bodily harm (when driving under the influence was the proximate cause of the injury);
  • The offender was involved in a motor vehicle, all-terrain vehicle, snowmobile, or watercraft accident resulting in the death of another (when driving under the influence was the proximate cause of the injury);
  • The offender was driving with a revoked or suspended license;
  • The offender did not possess a driver’s license or permit;
  • The offender knew, or should have known, that the vehicle they were operating was not covered by a liability insurance policy;
  • The offender was in an accident while transporting a child under the age of 16 who sustained bodily harm (when driving under the influence was the proximate cause of the injury);
  • The offender has at least one prior DUI violation and was transporting a child under the age of 16; or
  • The offender was transporting at least one passenger in a vehicle for hire.

Common Defenses

In order to be convicted of aggravated driving under the influence in Illinois the prosecution must be able to prove that you (1) violated IL’s driving under the influence statute and (2) did so while one or more of the aggravating factors outlined above were present. Therefore, depending on the facts of your particular case of your case, you may be able to assert one or more of the following commonly asserted defenses:

  • The arresting officer lacked reasonable suspicion to stop me;
  • The field sobriety test(s) administered in my case were in some way defective or improperly administered;
  • The arresting officer violated my Miranda Rights;
  • My blood alcohol concentration was rising at the time of my arrest and was actually below the legal limit while I was driving; or
  • None of the aggravating factors listed under code section 625 ILCS 5/11-501 were present at the time of my alleged DUI.

Need Legal Advice? Contact a Local DUI Lawyer

Although DUI defendants are not legally required to retain legal representation, hiring a competent driving under the influence attorney to defend your legal rights is highly recommended, especially if you are facing an aggravated DUI. Here at the Law Offices of Christopher M. Cosley, our experienced Rolling Meadows aggravated DUI lawyers, led by former lead prosecutor in the DUI division of the IL state courts Chris Cosley, assist clients charged with driving under the influence throughout Chicago and the surrounding suburbs.

Source:

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.htm

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