What Things Might Aggravate Or Enhance A DUI?
Obviously, injuries, accidents that cause property damage, accidents resulting in personal injuries would all aggravate a DUI. Obviously, accidents that caused personal injuries would be worse. The number of DUI’s and other aggravating factors like a person’s license, because clearly most of the time it would have been revoked if they were on their 2nd or 3rd DUI. It could be the person’s first or second DUI but if there was great bodily harm then it would be treated much more seriously than just a second DUI.
Illinois gives people a kind of pass, so they would get court supervision, and if they paid a fine and stayed out of trouble and attended school, then at the end of the year the case would be dismissed. They do keep track of it so the person could only use that ace of spades once. The second time, they would be looking at a minimum of up to a year in jail, and they would be looking at a minimum of 5 days or 240 hours of public service. Any time injuries, more property damage, a hit and run, a revoked license status go with it, it would be considered aggravating factors.
Would Having A Minor In The Car Be An Aggravating Factor?
This would definitely be an aggravating factor. This would usually be dealt with in two ways, one way is that they would charge the person with endangering the life of a child. I had a case where the person was bringing his brother home from the Cubs game. His brother was 16, but he would still be considered a child, but he was not like a toddler in the back in a car seat. Endangering the life of a child would be a separate class A misdemeanor here, meaning the person could get one year jail and up to $2500 fine. More seriously in the DUI statute itself, separate and apart from endangering the life of a child, when it comes to sentencing provision, the court supervision I talked about would not be available. If the prosecutor puts in, they would have to give a factual basis for the judge to accept the plea or there would be a trial.
The judge would hear the facts for the trial, and if there was no trial, then the judge would have something to hang his hat on to say, “Okay, I’m going to let you plead guilty to this,” because people tend to confess to crimes that they had not even committed. People are still confessing to killing JFK. There would have to be a factual basis to accept the plea. If, during the plea on a DUI, the prosecutor mentioned there was a child in the car under 17 years of age, then the judge would be prohibited from giving the person this kind of first-time pass. It would be an automatic conviction and a minimum, mandatory 180 in the county jail.
I handled a case involving a mother, who was charged with a first time DUI. Her child in the car was around 10 years old. It was not an aggravated DUI, but obviously she should not have been driving with her kid in the car. The judge said his hands were tied and that he would never give her 180 dayswhereas the prosecutor was just being very stubborn and would not budge off it, so the lady wound up doing 180 days in jail. It was a little harsh for a first time DUI, but in Poland the laws are 0.02.
How Often Do Aggravated Cases Come Through?
Every week, all the time.
How Often Can You Have Aggravated Cases Dropped?
This would really depend because every case would be unique, so it would really depend on the person’s priors, and it would really depend on the specifics of that case. It would matter if they had taken their test, whether they had any physical evidence to back it up or whether somebody was hurt because we could always do something for people and try and get it off of the maximum. We could try and do something to keep their license, but if it was a multiple offense then it would be hard to resolve. In this case, we would have to go into damage control, so we would try and make sure the person did the absolute minimum or had no jail whatsoever. A person who was convicted here would lose their license for an entire year with no permit and nothing, although it would usually take 2 DUIs here to get a conviction unlike other states, like Wisconsin, where the person would get a conviction the first time they got a DUI. They would also give an occupational permit so the person could get to and from work, to and from school and that kind of thing. Every state deals with it differently. I am licensed in Wisconsin too, but in Illinois people would not usually get a conviction until the second one.
In Wisconsin, it would be a civil case if it was a first offense and there was no personal injury. It would not even be a criminal case, but after that, on the second one the person would be looking at 30 days jail, so it would be a little harsher.
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