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Here’s Another Possible Aggravated DUI Defense In A Cannabis Case
See People v. Way, 2015 IL App (5th) 130096 (August). Episode 097 (Duration 11:33).
This proximate cause DUI Defense was not allowed to be raised by this defendant. Have you ever even heard of the proximate cause DUI defense?
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When you read this one you’ll have to do a double take to let it all soak in.
This is What Happened
Defendant was driving in her car when according to her son, who was in the passenger’s seat, she started to fall asleep.
In a moment, she starts to drift across the center lane.
Her son struggles to grab the wheel to turn them back into their own lane.
… but he’s too late.
The car collides head-on with another car being driven by a pregnant lady.
* Nobody died
* The son and the lady are seriously injured
* Baby is born a-okay
The Charges
Defendant was charged with aggravated DUI –625 ILCS 5/11-501(a)(6), (d)(1)(C).
The 501(a)(6) section is the normal misdemeanor DUI for any amount of cannabis whether it’s under the influence or not.
The (d)(1)(C) part is the “aggravated” part for causing great bodily harm, a class 4 felony. This section reads, in part:
“…Every person convicted of committing a violation of this Section shall be guilty of aggravated [DUI] if the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in great bodily harm … to another, when the violation was a proximate cause of the injuries…” 625 ILCS 5/11-501(a)(6), (d)(1)
Defendant was still sentenced to 18 months in prison.
Her Attempted Defense
Let me try to put into normal words what Defendant was trying to say in her defense.
Paraphrased, I think she was saying:
“Yes, I had cannabis in my system, and yes I was driving the car at the time of the accident. However, I was not under the influence at the time of the accident and the cause of my accident was not the cannabis in my system. Instead what caused the accident was a medical condition. I have low blood pressure and the loss of consciousness I sustained while driving that day was the sole cause of the accident.”
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By Police NuggetsSee People v. Way, 2015 IL App (5th) 130096 (August). Episode 097 (Duration 11:33).
This proximate cause DUI Defense was not allowed to be raised by this defendant. Have you ever even heard of the proximate cause DUI defense?
Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download
APPLE PODCASTS GOOGLE PODCASTS
SPOTIFY ANDROID RSS
DIRECT DOWNLOAD
When you read this one you’ll have to do a double take to let it all soak in.
This is What Happened
Defendant was driving in her car when according to her son, who was in the passenger’s seat, she started to fall asleep.
In a moment, she starts to drift across the center lane.
Her son struggles to grab the wheel to turn them back into their own lane.
… but he’s too late.
The car collides head-on with another car being driven by a pregnant lady.
* Nobody died
* The son and the lady are seriously injured
* Baby is born a-okay
The Charges
Defendant was charged with aggravated DUI –625 ILCS 5/11-501(a)(6), (d)(1)(C).
The 501(a)(6) section is the normal misdemeanor DUI for any amount of cannabis whether it’s under the influence or not.
The (d)(1)(C) part is the “aggravated” part for causing great bodily harm, a class 4 felony. This section reads, in part:
“…Every person convicted of committing a violation of this Section shall be guilty of aggravated [DUI] if the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in great bodily harm … to another, when the violation was a proximate cause of the injuries…” 625 ILCS 5/11-501(a)(6), (d)(1)
Defendant was still sentenced to 18 months in prison.
Her Attempted Defense
Let me try to put into normal words what Defendant was trying to say in her defense.
Paraphrased, I think she was saying:
“Yes, I had cannabis in my system, and yes I was driving the car at the time of the accident. However, I was not under the influence at the time of the accident and the cause of my accident was not the cannabis in my system. Instead what caused the accident was a medical condition. I have low blood pressure and the loss of consciousness I sustained while driving that day was the sole cause of the accident.”