Chicago Criminal Lawyer Blog
Legal Strategies for Aggravated DUI with Death Cases in Skokie, Illinois
Located in Cook County, Skokie, Illinois, is a bustling suburban village that offers a safe and welcoming environment for its residents. Despite its vibrant community, Skokie sees its share of DUI-related charges, some of which involve tragic circumstances. Aggravated DUI with death is among the most serious offenses in Illinois, and those accused face significant legal and personal challenges. The Law Offices of David L. Freidberg is here to provide a strong defense for individuals facing these charges.
Illinois Law on Aggravated DUI with Death
Under 625 ILCS 5/11-501, Illinois law prohibits driving under the influence of alcohol, drugs, or any combination that impairs a driver’s ability to operate a vehicle safely. Aggravated DUI with death, a Class 2 felony, is reserved for cases where impaired driving results in a fatality.
Penalties for aggravated DUI with death include:
- Prison sentences of 3 to 14 years for one death.
- 6 to 28 years for multiple fatalities.
- Permanent loss of driving privileges.
- Substantial fines and restitution to the victim’s family.
The charge reflects the gravity of the offense and the devastating impact on the victims and their loved ones. However, the severity of these consequences makes a robust defense all the more critical.
The Role of Evidence in Aggravated DUI Cases
Evidence plays a central role in prosecuting aggravated DUI charges. Prosecutors typically rely on chemical test results to establish intoxication. However, these tests are not infallible and can be challenged for various reasons, such as improper administration or equipment malfunctions.
Accident reconstruction is another key element of the prosecution’s case. Investigators use physical evidence from the crash scene, such as skid marks and vehicle damage, to determine the cause of the accident. Witness testimony and surveillance footage may also be used to support the prosecution’s claims.
Your defense attorney will meticulously examine this evidence to identify weaknesses and inconsistencies. For example, challenging the chain of custody for blood samples or pointing out alternative explanations for the accident can cast doubt on the prosecution’s narrative.
Legal Defense Strategies
Every aggravated DUI case is unique, and the defense strategy must be tailored to the specific circumstances. Some common defenses include:
- Questioning the legality of the traffic stop. If the officer lacked probable cause to stop your vehicle, any evidence obtained during the stop may be inadmissible.
- Challenging the reliability of chemical tests. Breathalyzer and blood test results can be influenced by factors such as medication, medical conditions, or improper administration.
- Disputing causation. The prosecution must prove that intoxication directly caused the death. If external factors contributed to the accident, this could undermine their case.
Your attorney may also explore procedural defenses, such as violations of your constitutional rights during the investigation or arrest.
The Importance of Legal Representation
An aggravated DUI with death charge is one of the most serious offenses under Illinois law. Without a skilled defense attorney, you face the full weight of the criminal justice system. An experienced lawyer not only protects your rights but also ensures that the prosecution meets its burden of proof. This can lead to reduced charges, alternative sentencing, or even a dismissal of the case.
The Law Offices of David L. Freidberg is dedicated to providing aggressive and strategic representation for clients in Skokie and Cook County. Our team has the knowledge and resources needed to build a strong defense against aggravated DUI charges.
Call Attorney David Freidberg to Discuss Your DUI Charge
If you are facing aggravated DUI charges in Skokie, don’t wait to secure legal representation. Contact the Law Offices of David L. Freidberg for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients in Skokie, Chicago, and surrounding counties, including Cook, DuPage, Will, and Lake Counties. Let us fight for your rights and your future.
