Defendant Convicted in "Huffing" Trial Will Still Face Sentencing
This past May, a 20-year-old driver was convicted of aggravated DUI in a bench trial for huffing computer cleaner before she got behind the wheel and ran over a 5-year-old girl who was walking on the sidewalk. The accused had previously entered a guilty plea to the charge of reckless homicide, reports NBC Chicago.
Her defense lawyer tried to argue that Illinois law was unclear, and that as computer dust cleaner was not listed, the accused could not be convicted of a felony DUI offense. A Lake County judge shot down that argument, and the aggravated DUI conviction stands.
The hearing to decide the woman's sentence has been pushed back again, however, as her defense team said they were not ready for a July 14 hearing. The next opening is September 17, when the sentencing process will begin. What penalties could the defendant face?
For a Class 3 felony offense of reckless homicide, a defendant could face:
- Two to five years' incarceration in state prison
- $50,000 fine
For a Class 2 felony offense of aggravated DUI, a defendant could face:
- Seven to 14 years in prison
- $50,000 fine
(This is according to 730 Illinois Compiled Statues § 5/5-4.5-35, as well as
730 Ill. Comp. Stat. § 5/5-4.5-40 and related statutes, if you wanted to see for yourself.)
Because of tragic accidents such as these, penalties for vehicular manslaughter and driving under the influence are very severe. If you stand accused of such serious charges, you need to be aware of what defenses you may be able to wield, to save your reputation, liberty, and future prospects.
Whatever criminal charges you face, no matter how complex, our Chicago criminal attorney knows how to beat the odds and dismantle the prosecution's case. The case results speak for themselves.
If you would like a free consultation with our skilled legal defender, do not hesitate to reach the Law Offices of Michael P. Schmiege right away!