After stopping, the car then inexplicably sped up into the fire truck’s path. The fire truck was unable to stop in time and broad-sided the car. Ten people were hurt in the accident including three children and four firefighters, reports the Chicago Tribune.
]]> None of the injuries were reportedly life-threatening, but one female passenger in the car is said to have suffered a broken neck. The firefighters are all described to be in good condition.The driver of the car is now going to have to deal with a slew of legal problems. First, drivers are required to abide by the direction and signals of police officers and firefighters. So if a siren is blaring, cars are required to move over to the shoulder if possible and let the vehicle pass.
Second, it’s believed that the driver of the vehicle had a blood alcohol level over the legal limit at the time of the accident, reports the Tribune. This could explain why he didn’t know what to do at the intersection.
So along with violating traffic laws, the driver could face a DUI charge. Illinois law does not provide any special DUI penalties for striking a firetruck, but the driver could face aggravated charges for seriously injuring a passenger in his car.
Alcohol may have played a role in the Chicago fire truck accident. If so, the driver likely faces a felony DUI charge.
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On January 1, 2010, Sord and Mejia were apparently celebrating the New Year and went to several bars. It’s not clear if Sord was drunk on alcohol, but at the time of the accident he was also taking opiates. It’s alleged that this combination of drugs and alcohol contributed to the crash that killed Mejia, reports the Chicago Sun-Times.
]]> Sord says that the fatal crash was not caused by alcohol or drugs, but by Mejia distracting him while he was driving. In addition, he says that his use of opiates was legal as he was on the prescription pain killer following hand surgery. Unfortunately for Sord, it’s not clear if either of these arguments would be a valid defense to driving under the influence.In Illinois, someone is deemed under the influence if they have a blood alcohol level of 0.08 or higher. Additionally, someone can be considered under the influence if they have any amount of alcohol or drugs in their system that may impair their driving abilities. It doesn’t matter if the drug was legal or not.
Nicholas Sord is accused of killing his girlfriend Jessica Mejia in a drunk driving accident. He’s accused of being on drugs at the time. The fact that the drug use may have been legal is probably not a valid defense to the crime.
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Santa Ana Zuloaga-Campuzano was found asleep inside his Ford Expedition which was parked on a median on 115th Street at South Doty Avenue in the Riverdale neighborhood, reports the Chicago Tribune. When police woke him up, they found that he was surrounded by empty beer cans. When asked what he was doing, the 30-year-old gave the somewhat responsible answer that he was too drunk to drive and decided to pull over so that he would not be a danger to anybody.
]]> In his self-confession, Zuloaga-Campuzano also admitted to drinking eight beers, three shots of tequila, and three shots of cognac, reports the Tribune. He refused a Breathalyzer, saying, "What's the point? I know I'm drunk."After being hauled off to the police station, Zuloaga-Campuzano proved to be a happy drunk as he entertained police with an air piano and vocal performance, before emptying his bladder on the station floor. When asked what he was doing, the drunk man said his tunes sounded good, reports the Tribune.
Zuloaga-Campuzano now faces aggravated driving under the influence charges. More interestingly, it's worthwhile to pay attention to whether he faces charges for refusing the Breathalzyer test.
In most cases, people avoid the chemical test out of fear they will be caught with a blood alcohol level above 0.08. As a result, state law provides additional penalties for a refusal of the test such as suspension of driving privileges.
In Santa Ana Zuloaga-Campuzano's case, he happily admitted to being drunk even detailing what he drank. He saved the police officers time and trouble, but the man could still face additional penalties in this Chicago DUI.
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As the Super Bowl now ranks up there with New Year’s Eve, and other traditional beer guzzling weekends, the Kane County police announced they are stepping up patrols for Super Bowl DUI on February 5, reports the Chicago Sun-Times.
]]> Similar to other high-alert weekends, the Kane County police may institute DUI checkpoints, have more officers on the road, and start a public campaign on the dangers and penalties for driving drunk. The operation will be conducted in several Kane County jurisdictions, although the officials did not say specifically which police departments will be taking part.As part of the campaign, the police will institute a “no-refusal strategy” taking advantage of the state’s Implied Consent statute, reports the Sun-Times. Under this strategy, police officers will be able to quickly obtain a search warrant to force a DUI suspect to submit to a blood or breath test as required by the statute, potentially leading to more convictions.
Generally, every driver on Illinois roads consents to provide chemical tests if they are suspected of driving drunk. A driver who refuses to submit to testing after a search warrant has been obtained faces additional penalties.
Last year, almost half of all traffic fatalities on Super Bowl Sunday involved a drunk driver. To cut down on Super Bowl DUI this year, Kane County announced a no-refusal strategy that will likely lead to your conviction if you drive drunk.
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That arrest was the 43-year-old Kohlbeck’s third offense, and he faced felony DUI charges and a possible seven-year prison term. However, probation was also an option. He was ultimately convicted of the crime, but sentenced to only six months in jail and 30 months’ probation.
]]> Generally, probation means that someone can avoid going to jail so long as he abides by certain restrictions and rules. The catch is that if the person violates any of the terms of probation, he could face the original penalties that he faced — in Kohlbeck’s case, going to jail for seven years.John Kohlbeck’s probation required that he not drink at all during the 30 months’ probation. Additionally, he was required to wear an anklet device that monitored whether he drank or not, reports the Daily Herald.
A couple of weeks ago, Kohlbeck’s anklet device measured that he had not only drank alcohol, but had gone on a drinking binge during which he drank for nine straight days, resulting in a blood alcohol level that topped out at 0.430. Kohlbeck was not accused of driving, but for a point of reference, the legal limit to drink and drive is 0.08.
For violating the terms of his probation, John Kohlbeck did not receive another chance to avoid jail; he was sentenced to four years behind bars. His nine-day binge turned into a four-year prison stay.
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In May 2010, Conner was the passenger in girlfriend Kathie LaFond's car when they were pulled over after leaving a party. In the backseat of the car was LaFond's 5-year-old son, Michael Langford Jr., reports the Chicago Sun-Times. LaFond was eventually arrested for driving on a suspended license, and Conner was allegedly told to drive the 5-year-old home.
]]> Conner was admittedly "pretty drunk" at the time of the accident, and he didn't get too far after the police hauled off his designated driver. Conner crashed into a tree, killing Langford. Conner had a blood alcohol level of 0.208, reports the Sun-Times.There were some evidentiary issues with the case, including secret tape recordings of Conner and LaFond's jailhouse telephone conversation. But eventually a court dismissed Conner's defense that he was simply following a cop's order, and found him guilty of aggravated DUI.
Conner had asked for a new trial due to the evidentiary issues, but last week that appeal was denied after going all the way to the Illinois Supreme Court. This week, Cecil Conner learned his fate, and will spend the next decade in jail.
In a strange chain of events, a drunk Cecil Conner went from having a designated driver to being behind the wheel of a car carrying a 5-year-old. Even if it was an inconvenience, Conner should not have driven. He could have called a friend or even requested a Free Ride Home.
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For the crimes, the 42-year-old cop could face up to 15 years in jail, or could avoid jail completely with only a probation sentence, reports the Chicago Sun-Times. His sentencing is scheduled for February 17.
]]> In May 2009, Bolling drove his Dodge Charger through a South Side neighborhood while drunk and crashed into the teen, who was riding his bicycle. After the accident, Bolling was accused of driving away and showing more remorse for the damage done to his car and a missed White Castle meal, than for the well being of his victim, reports the Sun-Times.At the sentencing hearing, Bolling's lawyer will have the difficult job of disputing this portrayal, and convincing a judge that Bolling is in fact an upstanding citizen and family man who had never been in trouble with the law until that incident.
A sentencing judge can consider many factors when determining the appropriate sentence for Bolling. As Bolling faces up to 15 years in jail, some of the factors the judge could consider include Bolling's behavior post-accident and his perceived disregard for Booker's well-being. On the other hand, the judge may also consider Bolling's career as a law enforcement officer.
The sentencing of Richard Bolling should garner a lot of attention in February. The potential penalties for the Chicago cop DUI can vary widely, and it will be interesting to learn what factors the sentencing judge leans on.
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The 44-year-old former firefighter from Shorewood says that he doesn't remember drinking and doesn't remember getting in his car, let along striking two women, reports the Chicago Sun-Times. This appeared to be a good enough defense, as a Will County judge only sentenced Gatz to two years of conditional discharge, avoiding jail time completely.
]]> In July 2010, Gatz claims to have taken the prescription sleep aid pills and went to bed without drinking alcohol. The next thing he claims to remember is waking up in a hospital bed learning that he had crashed into two cars driven by Gail Darm and Lauren Eklund, causing serious injuries to one of the passengers in the cars, reports the Sun-Times.To his surprise, Gatz also tested for a blood alcohol content above 0.10, over the legal limit of 0.08.
In Illinois, it is illegal to both drink and drive and drug and drive. For getting behind the wheel after taking Ambien, and for drinking and driving, Thomas Gatz faced DUI charges.
However, prosecutors appeared to have taken pity on the former firefighter, even arguing that he shouldn't be sentenced to jail, because Gatz reportedly had no intention to drive and had no recollection of drinking.
Gatz successfully argued that the drugs made him drink and drive and he avoided a lengthy jail sentence for seriously injuring a girl in a DUI accident. Along with his two-year conditional discharge, Gatz will also serve 480 hours of community service, and write letters of apology to his victims.
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On Saturday night, a concerned citizen alerted police to an erratic driver and possible drunk driver who was driving down alleyways in the city’s Northwest side, reports the Chicago Tribune. After police caught up with the driver, later identified as Garcia, they saw him go the wrong way down a one-way street in the Belmont Gardens neighborhood.
]]> Garcia eventually crashed into a squad car that was assisting on the call, causing the officer to suffer minor injuries in the crash. After the crash, Garcia fell out of his car. He was only wearing his underwear and socks, reports the Tribune.The 24-year-old Garcia was charged with misdemeanor DUI and driving without a license and insurance, along with other driving violations, reports the Tribune. If this report is correct, a misdemeanor DUI charge is a very lenient for every crime Garcia is accused of committing.
For example, for driving without insurance and a license, Garcia could have faced aggravated DUI charges and a felony charges. That's not even considering the fact that Garcia is charged with driving dangerously and crashing into a police officer -- injuring the officer.
Arsenio Garcia was reportedly charged with a misdemeanor DUI after driving without his license, insurance, and crashing into a police officer. This may be a misquote by the Tribune or just the case of a prosecutor in a very forgiving mood.
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Bolling is accused of roaring through a South Side neighborhood two years ago in his Dodge Charger, and hitting the teen who was riding his bike. The collision was so severe that the boy is said to have spun in the air like a propeller before hitting the pavement and dying, reports the Chicago Sun-Times.
]]> Multiple passers-by stopped to help, but Bolling allegedly didn't even slow down, speeding away from the accident scene, reports the Sun-Times.The Chicago cops stopped their colleague soon thereafter, and took him into custody. Bolling passed several field sobriety tests, and tested a 0.079 on a Breathalyzer test -- 0.001 under the legal limit. Now, Bolling says that he has evidence that he wasn't drunk when he killed Booker.
Not so fast. Testing a 0.08 on a Breathalyzer only means that someone is automatically deemed drunk. This does not mean that someone who tested below 0.08 cannot also be considered under the influence of alcohol and charged with an aggravated DUI, especially where there is supporting evidence like eyewitness testimony that Bolling was roaring down the street in his muscle car.
The fact that Richard Bolling passed his Breathalyzer test and field sobriety tests makes it more difficult for prosecutors to prove that he was drunk driving. However, it is not impossible, and a court can still convict him of the crime, even with a 0.079 blood alcohol content.
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For the charge, Lake could face 14 years in jail, reports the Chicago Sun-Times. However, that may be a small price to pay compared to the personal losses that the man suffered.
]]> In April, horse trainer Michelle Eustis and her friend Heather France took their horses out for a ride at Balmoral Park in Crete. Eustis’ companion, Angus Lake, stayed behind while the two women went riding and drank, reports the Sun-Times.Lake reportedly had five or six shots before he went looking for France and Eustis at the Crete racetrack shortly after 5 a.m., reports the Sun-Times. The road was dark and when Lake’s truck approached the women on the road, and he did not see them in time to stop.
When the women were right in front of Lake, the 42-year-old man hit the brakes hard sending his truck into a spin. Lake struck the horse, throwing the women from the animal. Eustis suffered a head trauma and died. France was also injured.
At the time of the accident, Lake had a blood alcohol content of 0.147, nearly twice the legal limit.
This week, Lake was to go on trial for the DUI death. But ten minutes before the trial was to start, the man pleaded guilty to an aggravated DUI.
He faces up to 14 years in jail and he will learn his fate in March at the sentencing hearing. A Will County judge may consider several factors like any past DUI arrests, Lake’s contrition, and any other circumstances in determining the appropriate amount of jail time. A judge may also consider the fact that Lake pleaded guilty, sparing Eustis’ family a trial, and could issue a more lenient sentence.
Angus Lake pleaded guilty to killing his companion Michelle Eustis last year. He faces 14 years in jail and will learn his fate in March.
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Dixon and a passenger allegedly passed out from drinking too much while waiting in the Rock ‘n’ Roll McDonald’s drive-thru lane. After officers woke the two up and asked them if they needed medical attention, they responded “no,” but that they did want another McDonald’s sandwich, reports the Chicago Tribune. But what happens next is where it really starts getting comical.
]]> After waking up and requesting a bite to eat, officers asked the 30-year-old Dixon what his name was. In a poor attempt to outwit the police, Dixon responded with a bogus name. Little did he know that the bogus name in fact belonged to a registered sex offender in Memphis, reports the Tribune.Dixon later admitted his real name and admitted to having several glasses of wine. Police found an open bottle of tequila in Dixon's car as well and the man tested for a blood alcohol level of 0.207, well over the 0.08 legal limit.
Police also found that Dixon was driving with a revoked license and that may have accounted for his fake name.
For the DUI, Walter Dixon could face aggravated charges for driving without a valid license. For that charge, the man could face up to three years in jail. In addition, for initially lying to police, and giving the name of a registered sex offender instead of his own, Dixon faces obstruction identification charges and possibly an additional year in jail for the McDonald's drive-thru DUI.
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The 58-year-old regional operations manager, who pleaded guilty to misdemeanor drunk driving in November, will avoid jail time, but will have to wear an alcohol-monitoring device on his ankle for six months, pay a $1,000 fine, and will be under a one-year supervision. Additionally, the IDOT official received penalties from his employer, though he will be able to keep his job, reports the Chicago Tribune.
]]> The most severe and long-lasting penalties for drunk driving often involve much more than what a judge or jury hands down. Even those who are arrested for minor DUI incidents and avoid serious criminal penalties, can face serious fallout at home, in their community, or at work.For example, Iacullo will probably have no problem paying the $1,000 fine. And while wearing an ankle bracelet can be irritating, it is not life-changing. However, the transportation official who represented the agency at safe driving events now has to live with the shame and irony of having a DUI conviction to his name. So if the IDOT manager was up for a promotion this year, it’s probably a safe bet he won’t get it now.
In addition, the IDOT gave notice to Iacullo that any further incidents will result in his immediate dismissal. He will also be reassigned new duties, be suspended without pay for 30 days, and have no access to state vehicles, reports the Tribune.
IDOT manager Carmen Iacullo finally learned his fate for drunk driving. While the criminal penalties may seem negligible, the penalties Iacullo faces at work and at home are far more severe.
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Chavez reportedly struck McCann so hard that he sent the 66-year-old insurance broker flying into his windshield. When Chavez hit the brakes, McCann fell to the ground. But instead of helping the fallen man, Chavez then tried to make a getaway by driving over McCann and dragging him several hundred feet, killing him, reports the Chicago Sun-Times.
Chavez was jailed pending his hearing for the death. But after posting bond, the DUI suspect disappeared.
]]> You'd be surprised to know that the amount that Chavez posted to be released from jail was only $25,000. Chavez faced criminal charges for killing a man and could have faced 14 years in jail for the aggravated DUI, and yet he was released from jail for a relatively paltry sum.This is especially surprising given the fact that Chavez is apparently an undocumented immigrant who lists a Mexico address, making him a greater flight risk, reports the Sun-Times.
Generally, judges set the bail amount for criminal defendants pending hearing. The amount of bail can depend upon many factors like the type of crime committed, the criminal history of the defendant, and the likelihood that the defendant would flee.
In Chavez's case, the man faced penalties for killing someone, had a prior history of felony DUIs, and listed another country's address. These would all seemingly point to a high flight risk warranting a high bail amount.
Instead, the judge gave Saul Chavez a relatively light $250,000 bail for the aggravated DUI death. After posting $25,000 -- the 10 percent required to post bond -- Chavez was released and subsequently disappeared.
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Higginbotham had a blood alcohol level more than twice the legal limit and was driving 81 mph in a 35 mph zone when he struck Graham's car, reports the Chicago Sun-Times. For the DUI death, Higginbotham received seven years in jail and two years parole for reckless homicide. Higginbotham has only been off parole for 18 months, but it's now being reported that the 33-year-old man faces two new DUI charges for separate incidents.
]]> The first DUI arrest came a year ago, only five months after Higginbotham was discharged, reports the Sun-Times. In that case, police found Higginbotham slumped behind the wheel of his running car with a half-empty bottle of vodka next to him. His car was sitting in someone's front yard.His second DUI arrest came just last week on Christmas Day. In that case, police say they saw Higginbotham pull his truck into a parking lot with one of the tires partially off its rim and shooting sparks, reports the Sun-Times. He had struck another vehicle before pulling into the lot.
The court dates for both DUIs are set for this month. For either charge, Higginbotham will likely face aggravated DUI charges and a five-year prison term due to his DUI history.
In Illinois, someone arrested for any DUI following a conviction for a DUI death faces aggravated charges. This is considered a class 3 felony and someone convicted of the crime can be imprisoned between two and five years.
It looks like Glen Higginbotham shows little remorse for the DUI death of Candace Graham as he's been arrested twice already for drunk driving since being released from prison. A judge is probably going to show even less remorse when sentencing him for his crimes.
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