Archive for the ‘Illinois Criminal Arrests’ Category

Man Arrested for DUI After Son Ejected From Window

December 26th, 2013 at 3:19 pm

Franklin Jackson, 46, of League City Texas, faces a “slew of charges after he drove away from the scene of a drunken wreck in Chicago—but didn’t know his 4-year-old son had been ejected from the backseat during the crash and died,” according to the New York Daily News. His wife and other children were in the car while Jackson was driving on the Dan Ryan Expressway when he “suddenly lost control of his SUV and slammed into a guardrail twice.” Neither he nor the mother of the children noticed that not all kids were in the backseat, and the allegedly drunk Jackson “continued down the road until he pulled into a gas station a few blocks away to check on the damage to the gray Ford Expedition.”  Man Arrested for DUI After Son Ejected From Window

It was only then that he and the rest of his family noticed the hole in the back window through which his oldest son, Franklin Jackson Jr., had flown. They immediately turned the SUV around to go look for the boy and arrived just as police were responding to the scene. “Authorities said they found the child unresponsive in a grassy embankment alongside the highway,” according to the New York Daily News. He was immediately rushed to the hospital but could not be saved. Neither his other children, a 3-month-old, and two others, aged 1 and 2, nor Jackson’s wife were injured in the accident.

Police, however, found an empty bottle of vodka and several empty beer cans in the SUV upon investigation. The father was held on $250,000 bail and is facing charges of reckless homicide and aggravated DUI.

According to LawInfo.com, although Jackson is a legal resident of Texas, the trial for the accident in which his son was killed will likely take place in Illinois. Even if you are not a resident of the state in which you were arrested, that state has the right to prosecute you for your offense. “It is important to know that you cannot simply return to your home state and ignore the charges from the other state. The states and territories of the United States are required by the U.S. Constitution to render suspects o the request of another state,” reports LawInfo.com.

If you or someone you know is arrested on charges of DUI in Chicago, the importance of experienced legal counsel cannot be overstated. Contact the Law Offices of Ramsell & Associates Attorneys at Law today.

Per Se Drugged Driving Law Result in Felony DUI Charges

November 29th, 2013 at 3:40 pm

Willie Craft Sr., 58, of Urbana, was charged in mid-November “with two felony counts of driving under the influence and one count of reckless homicide,” according to the Chicago Tribune. Craft was piloting a pick-up when he went over a curb and “struck two students from the University of Illinois at Urbana-Champaign, killing one of them.” It was later discovered that Craft had marijuana in his system at the time of the crash, according to Champaign County State’s Attorney Julia Rietz and as reported by the Tribune. Craft was initially “cited for driving without insurance and improper lane usage,” after the incident, but according to Rietz it was upon further investigation that officials stated that Craft was driving under the influence. He was also “not properly treating his diabetic condition,” according to the Tribune. Per Se Drugged Driving Law Result in Felony DUI Charges IMAGE

Mimi Liu, 20, of Chicago’s Bridgeport neighborhood was killed in the crash, and another student was injured. According to Rietz, Craft “told officials he was driving on the day of the crash for the first time in three years with the intent of getting insurance for his vehicle.” He had previously stayed away from getting behind the wheel because of his diabetic condition, according to the Tribune. That day, according to the Tribune, Craft said that, “he did not eat breakfast that morning even though he knew he needed it to keep his blood levels up.”

According to NORML, a non-profit that works to reform marijuana laws, Illinois is one of a handful of states that enforces per se drugged driving laws, in which a driver who tests positive for an inactive THC metabolite can be slapped with a DUI. This byproduct, however, “may be present in the urine of daily cannabis consumers for several weeks, or even months, after past use.”

A Court of Appeals in Arizona earlier this year deliberated a case involving the per se law in Arizona, and upheld the validity of the state’s per se law. As an attorney told the USA Today, “as things stand, a person from Arizona could go on a snowboarding trip to Colorado or Washington state, where marijuana is legal… and then a month later… get stopped and be convicted of DUI.”

If you or someone you know is facing DUI charges because of the per se drugged driving law in Illinois, don’t go through it alone. Contact an experienced Illinois DUI attorney today.

Woman Faces Trial for “Huffing” DUI Death

November 25th, 2013 at 3:23 pm

Car CrashNot all DUIs involve alcohol. For Carly Rousso, the “Highland Park woman charged last year with ‘huffing’ a computer cleaning product before the vehicle she was driving struck and killed a 5-year-old girl” was scheduled to face trial this November, according to the Chicago Tribune. Before the trial could begin, however, lawyers debated just what substances count when it comes to driving under the influence, and debated just which kind of intoxicating effects count toward a DUI charge. “The cleaning product police,” according to the Tribune, “say what she inhaled contains difluoroethane, which is not spelled out as an intoxicating substance in the law.”

Rousso, now 19, has been charged with four counts of aggravated DUI and reckless homicide. She is currently out of jail on $500,000 bond. “If convicted on all charges,” reports the Tribune, “she faces up to 26 years in prison, according to prosecutors.” In mid-November, the trial was pushed back, according to HLNtv.com. “A judge is giving attorneys in the case…. more time to develop their arguments about the constitutionality of her charges.”

Her attorneys are expected to argue in the vein that the charges Rousso is facing are too vague, and thus violate due process, according to HLNtv. The defense motion states that “neither the defendant nor any other person of ordinary intelligence can ever know with any certainty whether difuoroethane or any other substances not named in the Act, are prohibited from use.” Rousso’s opposition is expected to argue that Rousso inhaled the substance with the intent of altering her state of mind, and so is therefore culpable for DUI.

According to the National Institute on Drug Abuse, an “estimated 10.3 million people aged 12 or older (or 3.9 percent of adolescents and adults) reported driving under the influence of illicit drugs during the year prior to being surveyed.” This was a higher rate than in 2011, but considerably lower than it was in 2002. Depending on the outcome of Rousso’s case, more unscheduled drugs could be listed as substances banned for consumption and subsequent operation of a motor vehicle.

If you or someone you know has been charged with DUI, don’t go through it alone. Contact Ramsell & Associates Attorneys at Law, LLC today.

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