In her lawsuit, Judy Feil claims that Sam Cafi negligently drove while under the influence of alcohol, causing a car crash that killed her son, Ryan Osowski. The suit serves as a reminder that driving drunk can not only subject you to criminal penalties but civil suits as well.
]]> According to Feil’s suit, 28-year-old Cafi was drinking at the Trio Sports Bar & Grill on the night of the accident. After leaving the bar, Cafi drove west on 95th Street at a high speed, the suit states.His car then allegedly collided with another vehicle that was traveling south on La Grange Road. The other car flipped and rolled over several times, according to authorities. Osowski was pronounced dead at a local hospital.
In addition to Cafi, Feil is suing Trio Sports Bar & Grill. She’s probably suing the bar under the Liquor Control Act of 1934. When a person is injured due to the negligence of an intoxicated person, the act allows the injured individual to sue the bar or establishment that served the intoxicated person.
In Illinois, any DUI resulting in serious bodily injury or death is classified as an aggravated DUI. Aggravated DUIs result in felony charges and often carry prison terms, loss of driving privileges for up to two years, and a maximum of $25,000 in fines. Aggravated DUI resulting in the death of another person is punishable by a prison term of 3 to 14 years.
Judy Feil is seeking a judgment of more than $50,000 against Sam Cafi and Trio Sports Bar & Grill for the DUI accident that killed her son, Ryan Osowski.
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Sandra Vasquez is currently serving a 15-year prison sentence for the conviction. Vasquez’s appeal contends that the state’s aggravated DUI law contains overly vague language.
]]> On Feb. 11, 2007, Vasquez was driving home from a party with a carload of young people in her sedan. According to authorities, she was drunk and driving at over 70 miles per hour on Illinois Route 31. Vasquez reportedly crossed a lane of traffic and crashed into a light pole.Four teens were instantly killed in the crash. A fifth died eight days later from injuries sustained in the accident.
Vasquez now contends that her 15-year sentence is excessive in light of the aggravated DUI statute’s ambiguous wording. The law states that aggravated DUI resulting in death is a Class 2 felony “unless the court determines that extraordinary circumstances exist and require probation.” However, the statute does not explain what those extraordinary circumstances are.
“You don’t know whether you are supposed to argue the circumstances of the case, the circumstances of the person’s character, or a combination thereof,” Kathleen Colton, Vasquez’s attorney, said.
Generally, any DUI offense that results in serious injury or death is classified as an aggravated DUI in Illinois. An aggravated DUI resulting in the deaths of two or more people is punishable by a sentence of 6 to 28 years. Vasquez argues that if the statute explained the “extraordinary circumstances,” she would be serving a lighter prison sentence or even be out on parole.
Sandra Vasquez and her attorney are hoping that the appellate court reduces her sentence for the aggravated DUI conviction or even declares the law unconstitutional.
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According to police, 37-year-old Junior Hernandez was charged with driving under the influence and failure to yield the right-of-way while making a left turn.
]]> At around 1:30 a.m. on Friday, the police cruiser was heading north on Clark Street. Hernandez, driving in a 2005 white Lexus, failed to yield to the squad car, while trying to make a left turn at the intersection of 18th and Clark, causing the two cars to collide.Fortunately, neither the officer nor Hernandez were injured in the crash. Police arrested Hernandez and booked him on the charges.
While crashing into a police car seems like pretty bad luck, it happens more often than one would imagine. Earlier in the month, Roland Robledo was charged with aggravated DUI after he ran a red light and collided with a cop car at the intersection of 59th and California. The officer was injured in that case.
In Illinois, a first misdemeanor DUI conviction is punishable by a minimum one year loss of driving privileges, possible imprisonment of up to one year, and a maximum fine of $2,500.
Under the Illinois Vehicle Code, a driver involved in an accident resulting in damage to a vehicle must “immediately stop … at the scene of such motor vehicle accident or as close thereto as possible.” Any person who flees the scene of an accident or otherwise fails to comply with the stopping requirement is guilty of a Class A misdemeanor.
If Junior Hernandez is convicted of the DUI charge, he won’t be driving for at least a year and will probably be left with a hefty fine.
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Ditka was arrested on suspicion of DUI while driving in Deerfield on Sept. 24. Ditka is the younger son of former Chicago Bears Coach Mike Ditka.
]]> Ditka was pulled over for a missing front license plate. According to the officer, Ditka seemed drunk. “It appeared to me he was slurring his words together,” Officer Wesley Carner said. “I smelled an odor of alcohol. His eyes were blood shot.”The results of a Breathalyzer test indicated that Ditka had a blood-alcohol concentration of .16, twice the legal limit. However, in court on Wednesday, the results of the test were challenged.
Ditka claimed that immediately prior to the test, he’d been chewing citrus flavored tobacco. Judge Helen Rozenberg expressed concern that the tobacco could have affected the results of the Breathalyzer test. She excluded the test results “as to whether there was reasonable cause for the arrest.”
However, the excluded test results won’t stop the case from moving forward. Rosenberg denied Ditka’s motion to rescind the arrest, stating that all an officer needed to arrest Ditka was “reasonable grounds to believe he was driving under the influence of alcohol.”
Under the Illinois Vehicle Code, anyone operating a motor vehicle in the state has given “implied consent” to a Breathalyzer, blood, or urine test if suspected of DUI. If you refuse to submit to such tests, your license will automatically be suspended for at least a year. In certain circumstances, the penalty for refusal could be harsher than those prescribed for many DUI offenses.
The current offense is Mark Ditka’s third DUI arrest, according to court records. In one of the cases the DUI charge was downgraded to reckless driving, and in the other, Ditka was found not guilty.
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While speaking with an officer, the woman allegedly handed him a $20 bill along with her insurance card. Apparently $20 wasn't enough, as the woman was charged with DUI and driving on a suspended license.
]]> At around 2:35 a.m. on April 14, police found the woman and two friends sitting in a parked car with open wine coolers. An officer asked the woman for her license and proof of insurance, but that's not all he got."While handing me her insurance paperwork, she opened a small black purse and removed a $20 bill and presented it to me as if trying to bribe me," an officer said.
The woman allegedly dropped her purse and the $20 bill to the ground when a second officer approached. When exiting the car the woman nearly fell down, according to police. She then tried to walk by the officers to reach the $20 bill, which had fallen under the car. The woman failed a field sobriety test.
Under Illinois DUI law, a person who commits a DUI offense while driving on a revoked or suspended license may be charged with aggravated DUI. As the woman was allegedly committed a DUI offense while driving on a suspended license, she may be facing an aggravated DUI charge.
Aggravated DUI offenses often carry felony charges and are accompanied by harsher penalties than misdemeanor DUI charges. An aggravated DUI conviction will get you a minimum one-year loss of driving privileges, possible imprisonment for up to 12 years, and a maximum fine of $25,000.
The 24-year-old woman is scheduled to appear in court on May 22. Hopefully she won't try to bribe the judge.
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Christine Ahn has been charged with aggravated DUI resulting in death and two counts of misdemeanor DUI, according to police.
]]> At around 3:30 a.m. on Dec. 24 of last year, Ahn was reportedly driving south on Western Avenue in a 2004 Honda Accord when she hit a pedestrian near the Milwaukee Avenue intersection. Enrique Lituma, who was in his 30s, suffered multiple injuries as a result of the accident. He was pronounced dead a little over an hour after the incident at Advocate Illinois Masonic Medical Center.According to test results that were returned in February, Ahn’s blood-alcohol concentration at the time of accident was 0.151, nearly twice the legal limit. Ahn was arrested on Tuesday, after she turned herself in.
Under Illinois’ DUI law, any DUI offense resulting in serious bodily injury or death is classified as an aggravated DUI. Aggravated DUI offenses carry felony charges and harsher penalties than misdemeanor DUI offenses. Aggravated DUI resulting in death is a Class 2 felony. If an aggravated DUI results in the death of one person, a sentence of 1 to 12 years is applied.
As Enrique Lituma was killed as a result of the alleged DUI incident, Christine Ahn could be facing over a decade in prison if she’s convicted of the aggravated DUI charge. According to police, Ahn is a teacher’s assistant for Hawthorn School District 73 in Vernon Hills.
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Roland Robledo was charged with a laundry list of crimes, including felony aggravated DUI, misdemeanor DUI, driving with an open container, driving without insurance, failure to stop at a red light, failure to reduce speed, failure to carry a valid ID, and criminal damage to government property.
]]> At around 2:21 a.m. on Wednesday, 33-year-old Robledo was driving east on 59th St. According to police, he ran a red light, entering the intersection at 59th and California. Robledo’s car struck the sergeant’s squad car as the sergeant entered the intersection, traveling south on California Ave.The on-duty sergeant suffered a head injury that involved swelling, but was conscious at the scene. He was taken in stable condition to the intensive care unit at Advocate Christ Medical Center in Oak Lawn. As of Thursday morning, his condition was improving, according to police.
Robledo suffered only minor injuries. He was taken to Holy Cross Hospital for treatment.
Under Illinois law, a person can be charged with aggravated DUI if certain aggravating factors exist. If a person causes an accident which results in great bodily harm or death while driving drunk, he can be charged with aggravated DUI. If a person commits a DUI offense while driving without a valid license or without car insurance, he can be charged with aggravated DUI. While the sergeant’s injuries may not be serious enough to be considered “great,” Robledo was reportedly driving without insurance.
If Roland Robledo is convicted of his aggravated DUI charge, he’ll be facing a minimum one-year loss of driving privileges, possible imprisonment for up to 12 years, and a maximum fine of $25,000. The Chicago police Major Accident Investigation Unit is currently investigating the crash.
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Below, we’ve included some of Illinois’ most important alcohol-related laws to help keep you on the right side of the law while celebrating on May 5.
]]> DUIA blood alcohol concentration of .08 or higher will get you a DUI charge in Illinois. A first DUI conviction is punishable by a minimum one-year loss of driving privileges, possible imprisonment of up to a year, and a maximum fine of $2,500. The penalties are escalated for each subsequent offense. You can be charged with an aggravated DUI if you drive drunk with a minor in the car, drive drunk on a suspended or revoked license, or cause any injuries or property damages while driving drunk.
Open Containers
When hopping from casa to cantina, remember to leave that Corona behind. It’s illegal in Illinois to have an opened or unsealed container of alcohol in the car with you, even if it belongs to a passenger. An open container citation is punishable by a $750 fine. If you’re found guilty of violating the open container law twice in one year, your license will be suspended.
Underage Drinking
While many people who are under 21 may be itching to partake in the festivities, it’s in their best interests to hold off until they’re of age. Unlike many other states, Illinois doesn’t have a separate blood alcohol limit for underage drivers. The statute provides that minors found to have any alcohol in their system can have their driving privileges revoked. A minor with a BAC of .08 or above can be charged with normal DUI. Possession of alcohol can lead to a revoked license, high fines, and even jail time if you’re underage.
It’s always a good idea to have a designated driver. If that’s not possible, take a taxi. Cab fare is a small price to pay to avoid spending Cinco de Mayo in a cell. Have fun and stay safe.
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State police believe alcohol played a role in the fatal crash. Over the past few months, the Chicago area has seen a spike in the number of cases of people driving on the wrong side of the road, many of which were alcohol-related.
]]> State police received calls about a car heading south in the northbound lanes of Bishop Ford Freeway early Monday morning. At 4:30 a.m., the Malibu plowed into Head’s Accord, sending the car careening into a tanker truck.Head, 54, was killed in the crash. The wrong-way driver was in critical condition, according to police. The 28-year-old driver of the tanker truck was not injured in the crash.
State troopers closed the inbound lanes of the freeway until 9:25 a.m. Later in the morning, troopers were alerted to another driver heading in the wrong direction on the freeway several miles south of the crash. Troopers were able to stop the driver before an accident occurred.
Under Illinois law, a person commits reckless homicide if he causes the death of another person while driving so recklessly that he was likely to cause the death of or great bodily harm to another. Reckless homicide is a Class 3 felony and is punishable by 2 to 5 years in prison and loss of driving privileges for at least 2 years.
The wrong-way driver that killed Ronnie Head may be charged with reckless homicide, as he allegedly drove drunk and on the wrong side of the freeway. As of Monday morning, authorities had not yet filed any charges in the crash.
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Saul Chavez, an undocumented immigrant, was charged with aggravated DUI resulting in death after he reportedly hit and killed 66-year-old William McCann while driving drunk. Due to an error by Cook County Jail, Chavez was released on bail in November 2011 and has not been seen since.
]]> On June 8, 2011, McCann, who was walking along Kedzie Avenue, was hit by a vehicle the FBI said was driven by Chavez. McCann was thrown onto the hood of the car. Instead of stopping, Chavez reportedly sped off, dragging McCann nearly 300 feet. Chavez allegedly fled on foot, but was apprehended.According to police, Chavez had a blood-alcohol level of 0.29, nearly four times the legal limit. He had just completed two years of probation for a previous aggravated DUI conviction.
As Chavez is an undocumented immigrant, an immigration detainer was placed on him when he was booked into Cook County Jail. However, due to unknown reasons, the detainer was ignored and Chavez was released when his brother posted bond in November 2011. Chavez was last seen in Chicago. All efforts to locate the man have failed.
Under Illinois’ DUI law, any DUI offense resulting in serious bodily injury or death is classified as an aggravated DUI. Aggravated DUI resulting in death is a Class 2 felony. If an aggravated DUI results in the death of one person, as is the case with Chavez, a sentence of 1 to 12 years is applied.
If Saul Chavez is apprehended and convicted, he will likely see prison time for the DUI accident that killed William McCann. The FBI describes Chavez as a 5-foot-6 Hispanic male with black hair, brown eyes, and a light complexion. If you have any information about the whereabouts of Chavez, the FBI urges you to call the police.
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Margaret Simons and Suzanne Thomson were killed when 26-year-old Joseph E. Slattery reportedly crashed head-on into their vehicle while driving under the influence. The suit serves as a reminder that driving under the influence of drugs or alcohol can not only lead to criminal charges, but also civil liability.
]]> On August 28, Slattery drove a 2001 Chevrolet Cavalier south on U.S. 45 near Peotone. At around 7:58 p.m., Slattery crossed the road’s dividing line and drove straight into Simons’ 2004 Cavalier, according to police. Simons, 72, and Thomson, 92, were killed in the crash. Simons’ son, Ralph Simons, was injured and is described in the complaint as legally-disabled as a result.Slattery and his two passengers, a 24-year-old woman and a 1-year-old boy, suffered minor injuries and were taken to Riverside Hospital for treatment. Police charged Slattery with nine counts of aggravated driving under the influence. He is currently out on $35,000 bail, according to court records.
Under Illinois’ DUI law, any DUI offense resulting in serious bodily injury or death is classified as an aggravated DUI. Aggravated DUI resulting in death is a Class 2 felony. If an aggravated DUI results in the deaths of two or more people, as is the case here, a sentence of 6 to 28 years is applied.
According to court records, Slattery has pleaded not guilty to the charges stemming from the DUI crash that killed Margaret Simons and Suzanne Thomson. A pre-trial hearing is scheduled for May 31.
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Barajas has been charged with aggravated DUI resulting in injury, misdemeanor DUI, driving without insurance, and failure to produce a driver’s license.
]]> Early Saturday morning, Barajas was driving a Honda Accord south on Kedzie Avenue when he drifted into oncoming traffic, hitting a taxi. The taxi spun around 360 degrees and crashed into a street light, according to the Chicago Police Department.Three of the victims of the crash were taken to nearby hospitals in serious-to-critical condition, including a 19-year-old woman who was ejected from the taxi and the taxi’s driver. Two others, including one of Barajas’ passengers, suffered less serious injuries; they were taken to Holy Cross Hospital and Little Company of Mary Hospital in fair-to-serious condition.
In Illinois, any DUI resulting in serious bodily injury or death is classified as an aggravated DUI. Aggravated DUIs result in felony charges and often carry prison terms, loss of driving privileges for up to two years, and a maximum of $25,000 in fines. Under the Illinois DUI statute, aggravated DUI resulting in bodily harm is a Class 4 felony, and can carry a prison term of up to 12 years.
Lethanniel Barajas and a 20-year-old passenger in his car were not injured in the DUI-related crash. According to prosecutors, Barajas had a blood alcohol level of .093, above the legal limit of .08.
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Leonard reportedly rear-ended another vehicle then fled the scene of the accident while driving drunk in his unmarked police car. He quit his job with the Tinley Park Police Department soon after the accident.
]]> On May 1, 2011, Leonard crashed his police-issued Ford Explorer into the back of a Buick LeSabre on Lincolnway Lane in Frankfort at around 1 a.m. He then fled the scene of the accident.When Frankfort police later pulled Leonard over, they found a handgun and an open container of alcohol in the Explorer. Leonard’s blood alcohol concentration was .19 percent, over twice the legal limit.
Michael Murphy, a passenger in the LeSabre, reportedly suffered injuries to his neck, back, and spine. According to his testimony, he now suffers back spasms and may require spinal surgery.
At his trial, Leonard expressed regret over his actions. “Your honor, I apologize for the careless and irresponsible decisions I made,” Leonard said. “On that night, I failed not only myself, but my family, my community and my profession.”
However, Judge Edward Burmila was unmoved by the apology. He stated that he was appalled that the former officer fled the scene, but was unable to apply a more stringent penalty because Leonard had no criminal record.
Under Illinois law, a driver involved in an accident resulting in injury or death must immediately stop at the scene. A person who fails to stop is guilty of a Class 4 felony and is subject to drug and alcohol testing, automatic license suspension, and possible jail time.
Since quitting the Tinley Park police force in the wake of the DUI-related accident, John Leonard has been unable to find work, and is facing bankruptcy and the foreclosure of his family’s home.
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One woman was killed in the crash, and three others were injured. Police believe that alcohol played a role in the accident.
]]> At around 2:10 a.m., a Pontiac Grand Am was heading south on Halsted Street when it crossed over into oncoming traffic and crashed into the side of a Pontiac Grand Prix. Police believe that the 24-year-old man driving the Grand Am may have been drunk.The accident killed a woman in her 20s who was a passenger in the Grand Prix. The 28-year-old woman driving the Grand Prix is currently in serious-to-critical condition at Stroger Hospital, according to police. A 24-year-old passenger in the car is also at Stroger Hospital in critical condition. According to police, the driver of the Grand Am was in fair condition.
Under Illinois law, a person commits reckless homicide if he causes the death of another person while driving so recklessly that he was likely to cause death or great bodily harm to another. If it’s determined that in driving drunk and crossing into oncoming traffic the driver of the Grand Am was reckless, he may be charged with reckless homicide. Reckless homicide is a Class 3 felony and is punishable by 2 to 5 years in prison and loss of driving privileges for at least 2 years.
In the past few months, the state has seen a spike in cases of people driving on the wrong side of the road. Many of such incidents have ended in death or injury and have been alcohol-related. The Chicago Police Department’ Major Accident Unit is currently investigating the South Side crash.
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Here are a few things that everyone should know about blood alcohol tests and blood alcohol concentration levels.
]]> Methods of TestingEveryone knows about the Breathalyzer, but most people aren’t aware that there are five different methods through which officers can test a driver’s BAC level. These include urine samples, saliva samples, hair follicles, blood samples, and testing your breath. However, police most often use breath and blood screening procedures.
Breathalyzer vs. Blood Test
Blood tests are generally considered more accurate than breath tests. Emphasizing the inaccuracy of such tests, DUI attorneys have been successful in challenging the validity of Breathalyzer results. It’s up to you to decide if you’d rather have a more accurate result or one you could later challenge in court. Remember that if you refuse a Breathalyzer test, police can insist that you submit to a blood screening.
Legal Limits
In Illinois, the legal limit for driving is under .08 percent. If your BAC is .08 or above, you can be charged with DUI. If you’re under 21, even having a BAC of .01 will get you an underage DUI.
If You Refuse…
Under Illinois law, anyone operating a motor vehicle in the state has given their “implied consent” to a Breathalyzer, blood, or urine test if suspected of DUI. If you refuse to submit to the test, your license will automatically be suspended for at least a year. This is actually a more lengthy suspension period than the period proscribed for most DUI convictions.
If you would like to learn more about blood alcohol test or DUI laws in general, consult a Chicago DUI attorney or see the Related Resources below.
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