Articles Posted in Reckless Homicide

In most jurisdictions, intoxicated drivers that cause fatal collisions face stricter penalties than those who are charged with merely driving while under the influence of drugs or alcohol. Pending legislation in West Virginia would not only allow people who cause such accidents to be charged with injury or death while impaired if they cause the death of another driver or passenger but also if their actions result in the loss of an unborn child. While it is unclear if the measure will pass, it may be a sign of changes to come to DUI laws in Illinois and other states. If you are charged with causing a fatal DUI crash in Illinois, it is smart to consult an Illinois DUI defense lawyer to evaluate your options for seeking a favorable outcome.

The West Virginia Bill

It is reported that a Delegate in West Virginia introduced a bill that, if enacted, would recognize unborn children as individual victims in DUI fatalities. The bill apparently has significant support throughout the House. If the bill passes, West Virginia drivers charged with causing injury or death while driving a vehicle while impaired would be charged with additional cries if the accident causes the death or injury of an unborn child being carried by one of the victims of the accident. Those that spoke in support of the bill stated that it was neither a Republican nor Democrat issue but the correct thing to do for ethical and moral reasons.

Illinois Law Regarding Fatal DUI Crashes

Illinois law imposes strict penalties on people that caused fatal crashes driving while intoxicated. Specifically, they can be charged with aggravated DUI, a Class 2 felony that carries a minimum mandatory sentence of three years in prison and a maximum sentence of fourteen years in prison in cases involving the death of one person. The penalties increase in cases involving the death of two or more people, to a minimum of six years and a maximum of twenty-eight years in prison. Continue reading →

Earlier this summer, a Riverdale resident pleaded guilty to misdemeanor drunk driving in a deadly crash that killed a pedestrian over 10 years ago. The case was among Cook County’s longest-stalled prosecutions. The Illinois DUI crash occurred in 2007.

The defendant was originally charged with reckless homicide and aggravated DUI, which carried up to 14 years of incarceration. The 39-year-old man was instead sentenced to two years of probation in a plea deal that took 10 years to finalize. The case lasted through the tenures of three separate state attorneys. Current State Attorney Kim Foxx said in a statement that the delays were “unacceptable.” She pledged to ensure these situations do not recur.

The victim was killed in January 2007 after the defendant’s vehicle struck him while he was walking on the street in Harvey, Illinois. The victim, 41, was hit so hard that it took several minutes before his body was located, and it was almost 10 hours before his foot was found by police in a yard near the crash.