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Author Topic: Aggravated DUI sentencing  (Read 4466 times)

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Offline wdhaworth

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Aggravated DUI sentencing
« on: June 13, 2014, 03:22:36 AM »
Does anyone know what kind of sentences have been handed out recently for aggrevated dui in Macon County recently?  A l/o is going to be sentenced in a couple of weeks. Just wondering what to expect.

Offline Forevermah

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Re: Aggravated DUI sentencing
« Reply #1 on: June 13, 2014, 06:58:50 AM »
Does anyone know what kind of sentences have been handed out recently for aggrevated dui in Macon County recently?  A l/o is going to be sentenced in a couple of weeks. Just wondering what to expect.

Here are some of the sentencing guidelines for AGG DUI in Illinois:

The following constitute aggravated DUI under Illinois law:

    This is the defendant’s third offense. A third DUI offense in Illinois results in a Class 2 felony aggravated DUI charge. A Class 2 felony has a sentence of 3-7 years in the Illinois Department of Corrections but is probationable.

    Driving a school bus with passengers under 18 years of age on board. This is a Class 4 felony, which is punishable by 1-3 years in the Department of Corrections.

    Being involved in an accident resulting in great bodily harm, permanent disability or disfigurement. An injury to the driver does not count. Another person must be injured in the crash. Also, it does not matter who was at fault for the accident. This is a special Class 4 felony with a sentencing range of 1-12 years prison.

    A second offense of DUI where the defendant has an earlier conviction for some type of alcohol-related reckless homicide offense. This type of aggravated DUI is a Class 4 felony (1-3 years prison).

    Driving in a school zone (20 mph speed limit on a school day with children present) and being involved in an accident involving bodily harm to another. For this offense, the injury must amount to less than great bodily harm. This is a Class 4 felony offense (1-3 years prison).

    Causing the death of another person. This is a very serious offense of aggravated DUI because the presumption is the court should sentence the defendant to prison rather than probation. The sentencing range is 1-12 years for causing one fatality. If two people or more died in the crash, then the sentence is 6-28 years. The prison sentence is not subject to early release (e.g., day-for-day, good-time, or 50%). The defendant must serve at least 85% of the actual sentence in prison, as opposed to the 50% time served for other felony offenses. Note that, in comparison to other aggravated DUI involving vehicle crashes, the defendant must be partially at fault for this offense to hold.

    The defendant’s driver’s license was suspended or revoked for a prior DUI conviction, prior summary suspension, leaving the scene of an accident involving death or personal injury, or reckless homicide. In these cases, the offense is a Class 4 felony offense of aggravated DUI (1-3 years Department of Corrections).

    The defendant had an expired or invalid license, or never had a driver’s license. This is a Class 4 felony offense (1-3 year sentence).

    The defendant did not have automobile insurance. This is a Class 4 felony (1-3 years).

    The defendant was involved in an accident that resulted in bodily harm to a passenger under age 16. This offense is a Class 2 felony (3-7 years prison) and has a minimum fine of $2,500 and 25 days in community service.
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Offline wdhaworth

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Re: Aggravated DUI sentencing
« Reply #2 on: June 16, 2014, 11:44:30 PM »
Thank you for your reply. For aggravated DUI it says 1-12 years. Does this mean there is no chance for probation?  Is at least one year mandatory? And just wondering what has been handed out recently.  His sentencing date was 6/13/14, but on 6/10/14, "The court recuses itself from this cause."  He has since been assigned to 4 more judges who have all done the same thing. Now, there is no sentencing date listed.  What kind of effect, if any, will this have on his sentencing?

Offline wdhaworth

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Re: Aggravated DUI sentencing
« Reply #3 on: June 16, 2014, 11:54:54 PM »
I am writing about an employee of mine in my business who is very helpful to me. He has been charged with aggravated DUI. The person hurt spent 4 months in the hospital. For aggravated DUI it says 1-12 years. Does this mean there is no chance for probation?  Is at least one year mandatory? And just wondering what has been handed out recently.  His sentencing date was 6/13/14, but on 6/10/14, "The court recuses itself from this cause."  He has since been assigned to 4 more judges who have all done the same thing. Now, there is no sentencing date listed.  What kind of effect, if any, will this have on his sentencing?  He is a terrific employee and I am very concerned about what will happen to him.  Not sure what the "official" name of it is, but is "house arrest" or "boot camp" a possibility?  I really depend on him at my store and don't want to loose him as an employee. Can I do anything to help him?  I am supposed to testify at his sentencing trial, but not sure what I should say that will be the most beneficial to him.  Also, worried about the "judge situation!" 

Offline Forevermah

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Re: Aggravated DUI sentencing
« Reply #4 on: June 17, 2014, 07:00:37 AM »
Thank you for your reply. For aggravated DUI it says 1-12 years. Does this mean there is no chance for probation?  Is at least one year mandatory? And just wondering what has been handed out recently.  His sentencing date was 6/13/14, but on 6/10/14, "The court recuses itself from this cause."  He has since been assigned to 4 more judges who have all done the same thing. Now, there is no sentencing date listed.  What kind of effect, if any, will this have on his sentencing?


I cannot answer you as to what any judge would sentence him too within the range of 1-12 years, but because someone was hurt I don't think he would get probation.

You asked in your other post, which I have merged all together into this one topic, about boot camp or house arrest.  BootCamp is out of the question because of the offense and since they don't use house arrest much and because of the offense that is very questionable too.

All you can do at his sentencing hearing is tell the truth about what kind of person he is and it's all up to the courts on what is going to happen especially with the judge situation, there must be some conflict of interest or they are biased for some reason that they are all excusing themselves?

Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”