Chicago Criminal Lawyer Blog
Cicero, located just outside Chicago, combines suburban charm with the vitality of a bustling urban environment. As a part of Cook County, Cicero sees its share of serious criminal cases, including aggravated DUI charges involving death in Cicero. These charges are among the most severe under Illinois DUI law, carrying heavy penalties that can change the course of a person’s life. At the Law Offices of David L. Freidberg, we provide aggressive legal representation to those facing these life-altering charges.
Illinois DUI Laws and Aggravated Charges
Aggravated DUI charges fall under 625 ILCS 5/11-501, which defines the circumstances that elevate a DUI to an aggravated offense. When a DUI leads to another person’s death, the charge becomes aggravated DUI with death, a Class 2 felony. The penalties for this charge reflect its seriousness and can include lengthy prison sentences, steep fines, and a lifetime of consequences.
The sentencing range for a Class 2 felony in these cases is three to fourteen years for a single death. If multiple deaths occur, consecutive sentences may apply, resulting in six to twenty-eight years in prison. Financial penalties include fines of up to $25,000, and offenders often face additional requirements such as community service and mandatory alcohol treatment programs.
Aggravated DUI charges also result in a permanent revocation of the defendant’s driver’s license. Beyond these direct penalties, the long-term consequences of a felony conviction can include difficulty finding employment, securing housing, and rebuilding personal relationships.
The Steps in a Criminal Case for Aggravated DUI
The criminal case process begins with an investigation by law enforcement. Officers arriving at the scene of a fatal accident collect evidence, conduct field sobriety tests, and administer chemical tests. Based on the results, the driver may be arrested and charged with aggravated DUI.
After the arrest, the defendant will attend an arraignment, where the charges are read, and a plea is entered. The case then moves to pretrial proceedings, where both sides prepare their arguments. Evidence is exchanged during discovery, and pretrial motions may address issues like the suppression of improperly obtained evidence.
If a plea agreement cannot be reached, the case proceeds to trial. During the trial, the prosecution must establish the defendant’s guilt beyond a reasonable doubt. The defense will challenge the evidence, cross-examine witnesses, and present alternative theories to create doubt in the minds of the jurors.
Evidence in Aggravated DUI Cases
Prosecutors rely on a range of evidence to build their case, including chemical tests, accident reconstruction reports, and video footage. Field sobriety test results and eyewitness accounts may also play a role. However, evidence is not always reliable. Breathalyzer machines can malfunction, and witnesses’ memories can be inaccurate. A defense attorney will examine the evidence for weaknesses and procedural errors that can undermine the prosecution’s case.
Legal Defenses in Aggravated DUI with Death Cases
Every aggravated DUI case is unique, requiring a defense strategy tailored to the specific circumstances. Common defenses include challenging the accuracy of chemical tests, demonstrating that law enforcement lacked probable cause for the traffic stop, and disputing the link between the driver’s impairment and the fatality. Medical conditions, environmental factors, and other alternative explanations for the accident may also serve as viable defenses.
Why Hiring a Defense Attorney is Critical
The stakes in an aggravated DUI case are incredibly high, making legal representation essential. A skilled attorney will guide you through the criminal justice process, advocate on your behalf, and work tirelessly to achieve the best possible outcome. At the Law Offices of David L. Freidberg, we understand the complexities of Illinois DUI law and are dedicated to defending your rights.
Call Attorney David Freidberg to Discuss Your DUI Charge
If you are facing aggravated DUI charges in Cicero, 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 Cicero, Chicago, and surrounding counties, including Cook, DuPage, Will, and Lake Counties. Let us fight for your rights and your future.
