THE ACCIDENT WASN’T MY FAULT. CAN I STILL BE CONVICTED OF AGGRAVATED DUI?

You were driving home late one night after partying at a friends, when a car suddenly pulled out of an alley. You could not avoid collision and the other driver was severely injured. The state has now charged you with Aggravated DUI.

Can they convict you?

The answer depends on the facts of your case. The state, however, must prove beyond a reasonable doubt that your driving was the proximate cause of the accident. (Proximate cause is a cause closely connected with a result and is established if a reasonable person could have forseen the harm as a likely result from his or her conduct). If the accident would have happened regardless of any impairment, you have a good chance of being found “not guilty.”

In People v Mumaugh, the defendant struck a young girl who was walking down the centerline of a highway on a dark night. The girl wore black clothes and had her back to defendant. The defendant was charged with Aggravated DUI as he had cannabis in his system at the time of the accident. The court reversed defendant’s conviction because the state had not proven that he was the proximate cause of the accident. There was no evidence to show defendant’s driving had been improper, or that he could have expected to see a pedestrian in the middle of a highway on a dark night.

If you have been charged with Aggravated DUI or a similar offense, contact an experienced DUI attorney immediately. An attorney can review your case for its possible defense. Did the police follow proper procedures in taking evidence against you? Does the state have the evidence it needs to prove all the elements of your offense? Even if police acted properly and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you can on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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