Published by The Davis Law Group, P.C.
The Illinois Supreme Court ruled in April that prosecutors can upgrade charges to a felony in a fatal crash if any trace of an illegal drug is found in the defendant’s system regardless of evidence of impairment. The law applies to both illicit drugs and the unlawful use of controlled substances.
This ruling came out of a Christmas Day crash in which 24-year-old Aaron Martin left a bar in Peoria and hit a car head-on killing two women. Prosecutors are now able to upgrade charges without showing any connection between the drugs and the crash as long as the drug was found in the defendant’s system.
Critics contend that this ruling gives prosecutors an unfair advantage. Prosecutors in Cook, DuPage and Kane counties have all used the Supreme Court decision to upgrade charges. In one case, DuPage prosecutors upgraded a charge to a felony aggravated DUI involving drugs because the driver admitted to taking “one or two” hits of marijuana the night before the fatal crash. The possible sentence for the driver has now been enhanced from 12 months in jail to three to fourteen years in prison.
State Supreme Court ruling on drugged driving raises fairness questions, www.chicagotribune.com, July 31, 2011