Archive for the ‘trial’ tag
November 25th, 2013 at 3:23 pm
Not 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.