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Rare Blood Disease Does Not Constitute Extraordinary Circumstance In This Aggravated DUI
People v. Lawson, 2018 IL App (4th) 170105 (March). Episode 483 (Duration 8:25)
Defendant had a rare blood condition, that was not considered an extraordinary circumstance.
Gist
Defendant drove on a suspended license a “silver Nissan” around 1:30 a.m., after consuming alcohol that evening.
The Accident
An accident reconstructionist would testify defendant approached the intersection of Washington and Main Streets, in Bloomington, Illinois, at a speed of 47 miles per hour.
Due to her intoxication, defendant struck a man and a women as they walked across the intersection. Defendant did not stop her vehicle at the scene of the accident and failed to report she was in an accident to law enforcement officials.
The women died.
Defendant’s BAC
Testing revealed defendant’s blood alcohol concentration to be 0.265 and also indicated the presence of tetrahydrocannabinol (THC), or cannabis.
What The State Wanted
The State recommended a sentence of 12 years in prison for aggravated driving under the influence of alcohol (count I), a sentence of 9 years in prison for failure to report an accident involving death (count II), and a sentence of 364 days in jail for driving while license suspended (count XI).
Rare Disease
Defendant requested probation, characterizing her “extreme chronic and serious medical condition” as “extraordinary circumstances” requiring probation.
She had immune thrombocytopenic purpura (ITP) which required monthly blood transfusions.
The Sentence
Mitigation
In mitigation, the trial court considered defendant’s lack of a prior felony conviction and hardship on her children.
It also considered defendant’s “medical condition” and remorse.
Aggravation
In aggravation, the court considered the many “shattered lives” left in the wake of defendant’s “reckless conduct” and defendant’s failure to stop after hitting the pedestrians. The court also considered defendant “continually lied” to law enforcement officers after she was arrested, causing “additional work” for officers.
Deprecate Seriousness of Offense
The court noted the need to deter others from committing similar crimes. The trial court stated that a sentence of probation would deprecate the seriousness of defendant’s conduct and no extraordinary circumstances warranted probation “even with [defendant’s] medical condition.”
12 Years
The court sentenced defendant to eight years in prison for aggravated driving under the influence of alcohol (count I), four years in prison for failure to report an accident involving death (count II), and a sentence of “court costs plus conviction” for driving while license suspended (count XI).
Defendant’s sentences were “mandatory consecutive” bringing her total time to 12 years.
Issue
Defendant argued her “severe and unusual medical condition” and “the presumption for probation where there is no significant criminal history” were “extenuating circumstances” warranting probation.
Defendant first argues the trial court abused its discretion in sentencing her for aggravated driving under the influence of alcohol where it failed to find extraordinary circumstances existed, requiring she receive a sentence of probation.
Appellate Court Can’t Give Probation
Our supreme court has twice stated we categorically do not have the authority to reduce a prison sentence to a sentence of probation. See Bolyard, 61 Ill. 2d at 588 (“Rule 615 does not grant a reviewing court the authority to reduce a sentence of imprisonment to a sentence of probation.
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By Police NuggetsPeople v. Lawson, 2018 IL App (4th) 170105 (March). Episode 483 (Duration 8:25)
Defendant had a rare blood condition, that was not considered an extraordinary circumstance.
Gist
Defendant drove on a suspended license a “silver Nissan” around 1:30 a.m., after consuming alcohol that evening.
The Accident
An accident reconstructionist would testify defendant approached the intersection of Washington and Main Streets, in Bloomington, Illinois, at a speed of 47 miles per hour.
Due to her intoxication, defendant struck a man and a women as they walked across the intersection. Defendant did not stop her vehicle at the scene of the accident and failed to report she was in an accident to law enforcement officials.
The women died.
Defendant’s BAC
Testing revealed defendant’s blood alcohol concentration to be 0.265 and also indicated the presence of tetrahydrocannabinol (THC), or cannabis.
What The State Wanted
The State recommended a sentence of 12 years in prison for aggravated driving under the influence of alcohol (count I), a sentence of 9 years in prison for failure to report an accident involving death (count II), and a sentence of 364 days in jail for driving while license suspended (count XI).
Rare Disease
Defendant requested probation, characterizing her “extreme chronic and serious medical condition” as “extraordinary circumstances” requiring probation.
She had immune thrombocytopenic purpura (ITP) which required monthly blood transfusions.
The Sentence
Mitigation
In mitigation, the trial court considered defendant’s lack of a prior felony conviction and hardship on her children.
It also considered defendant’s “medical condition” and remorse.
Aggravation
In aggravation, the court considered the many “shattered lives” left in the wake of defendant’s “reckless conduct” and defendant’s failure to stop after hitting the pedestrians. The court also considered defendant “continually lied” to law enforcement officers after she was arrested, causing “additional work” for officers.
Deprecate Seriousness of Offense
The court noted the need to deter others from committing similar crimes. The trial court stated that a sentence of probation would deprecate the seriousness of defendant’s conduct and no extraordinary circumstances warranted probation “even with [defendant’s] medical condition.”
12 Years
The court sentenced defendant to eight years in prison for aggravated driving under the influence of alcohol (count I), four years in prison for failure to report an accident involving death (count II), and a sentence of “court costs plus conviction” for driving while license suspended (count XI).
Defendant’s sentences were “mandatory consecutive” bringing her total time to 12 years.
Issue
Defendant argued her “severe and unusual medical condition” and “the presumption for probation where there is no significant criminal history” were “extenuating circumstances” warranting probation.
Defendant first argues the trial court abused its discretion in sentencing her for aggravated driving under the influence of alcohol where it failed to find extraordinary circumstances existed, requiring she receive a sentence of probation.
Appellate Court Can’t Give Probation
Our supreme court has twice stated we categorically do not have the authority to reduce a prison sentence to a sentence of probation. See Bolyard, 61 Ill. 2d at 588 (“Rule 615 does not grant a reviewing court the authority to reduce a sentence of imprisonment to a sentence of probation.