A pregnant woman in Georgia suspected of driving while under the influence of alcohol lost her fetus in a collision after fleeing police, ABC News reported. She was charged with a DUI and charges related to evading the police.
She also may face charges of "feticide by vehicle" for the death of her unborn child, according to Douglas County District Attorney David McDade:
"An autopsy is being performed on the child and there will almost certainly be criminal responsibility... Under the Georgia statute it doesn't matter the age of the child as long as it was alive just prior to the incident."
Legally speaking, the elephant in the room is the status of unborn fetuses; and that raises questions of importance to abortion activists on either side. And like Georgia, Illinois state law also makes the intentional killing of a fetus a crime. In fact, 24 states recognize fetuses as potential victims.
That means a mother in a similar situation in Illinois would not only need the help of an Illinois DUI lawyer but would need to seek the counsel of a criminal defense attorney as well.
While no one is saying the Georgia mother, Jessica Bruce, wanted her unborn child to die or suffer harm, she still might be held criminal negligent for engaging in behavior that a reasonable person would understand to be potentially dangerous. At least the Illinois statute clearly defines the law that way:
A person commits the offense of intentional homicide of an unborn child if... he knew that his acts created a strong
probability of death or great bodily harm to the pregnant woman or her unborn child.
Georgia is the only state with a specific law on the books pertaining to "feticide by vehicle," so charges and procedures may be different in Illinois. A Chicago DUI lawyer could better explain how such a scenario would play out here.
Related Resources:
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Fetal Homicide Laws (National Conference of State Legislatures)
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Contact a Chicago DUI Attorney (FindLaw)
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