Illinois accident results in 8 year sentence for DUI

On behalf of Strom & Associates, Ltd. posted in Drunk Driving Accidents on Monday, July 28, 2014.

A New Lenox man was sentenced to eight years in prison for an aggravated driving under the influence charge on July 18, but his attorney wants the Will County judge that gave the sentence to reconsider at an August 14 hearing. The 23-year-old man was driving when an accident occurred that killed his passenger, and he plead guilty to the DUI charge.

A 22-year-old passenger from Manhattan died in the August 25, 2012, crash that happened on Steger Road in Frankfort Township. The driver lost control of his car, which caught fire after hitting a retaining wall, tree and metal phone-switching box. After the crash, the driver had a blood-alcohol content of .09 and cannabis in his system. He also suffered compound fractures in both legs from the accident.

The New Lennox man settled a wrongful death suit brought by the victim's mother in 2013 for $250,000 in damages, and his lawyer argued that the defendant should be eligible for probation because he had no previous criminal history, admitted guilt and was young. The judge did not consider this argument but did consider that the passenger's body had to be identified by dental records because the man refused to identify the body after the wreck. It took three days to identify the body, and the judge said this caused the victim's family extra pain.

Prison sentences are delivered in criminal court, but those that lost someone in a car accident may be able to file a wrongful death claim in civil court. Driving drunk is illegal and could make someone liable for an accident. This might entitle a victim's family to compensation, which could be used for funeral expenses, lost wages, legal fees and medical expenses.
Source: Southtown Star, "Eight-year sentence in fatal crash", Frank Vaisvilas , July 18, 2014