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Setting The Standard In Personal Injury Law

Child killed in Illinois; driver claims unfair state laws

The fatal injury of a loved one can take you by surprise and leave questions unanswered. For instance, the fatal injury could have been caused by a negligent driver, like in this case. You should know that you have every right to know the reason behind your loved one's death and should be able to seek compensation for your pain and suffering as well as their untimely death.

What's usually shocking to families at such an unhappy time is the fact that some people appeal cases against them, despite the fact that they were actually driving under the influence when the accident happened. In the case of a 5-year-old child who was struck and killed, the woman who was accused of an aggravated DUI had challenged a state law that was used to convict her for the death of the child. The woman had previously pleaded guilty to the crime of reckless homicide, and the 19-year-old had been accused of inhaling computer dust cleaner before driving. It was clear that she had killed the little girl by driving up onto a sidewalk, but the question fell on whether she should be accountable for DUI. It was allegedly argued that she was not guilty of an aggravated DUI because the state law used in the conviction was unconstitutionally vague. How vague was it? It reportedly named dust cleaners, but not specific dust cleaners, in state laws for DUIs. The judge in this case has upheld the aggravated DUI, and now the woman faces a sentencing hearing in July. She could face up to 14 years in prison for the child's death.

Source: WSIL TV, "DUI Ruling Upheld in Illinois 5-Year-Old's Death," July 10, 2014.

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