Latest News 2012 October Woman Receives Lessened Sentence and Forgiveness in Fatal DUI

Woman Receives Lessened Sentence and Forgiveness in Fatal DUI

A 23 year-old woman, on trial for a DUI fatality she caused when she was 18, pleaded guilty in Kane County to a lessened charge of misdemeanor DUI in a plea agreement, as reported by the Daily Herald.

According to Kane County Assistant State's Attorney Steve Sims, E.S., of St. Charles, was sentenced to serve two years of probation – during which time she must wear an alcohol monitoring bracelet and comply with a curfew between midnight and 5 a.m. She must also perform 500 hours of speaking time for the Alliance Against Intoxicated Motorists and pay of fine of $3,705.

The man killed in the crash, F.F., 40, was a Gulf War veteran and worked as an executive in the health insurance field.

On July 13, 2007, F.F. was struck by E.S.'s sport utility vehicle when she turned east onto Silver Glen Road.

F.F.'s mother, A.C., said, "Her (E.S.'s) family is very involved and I know they're hurting, too. I hugged (E.S.). She held onto me and we were both crying and she said she was sorry. I told her if she knew my son, she'd like him. She was just crying so hard. My heart went out to her. I don't want to carry a grudge. My son is gone and nothing is going to bring him back."

The original charges against E.S. included aggravated DUI, reckless homicide and making an improper turn. If she had not accepted the plea deal, and had been found guilty of all charges, she would have faced a 14-year maximum prison sentence.

In 2009 a judge had ruled that her blood alcohol concentration test – .115 and well above the .08 limit – was inadmissible in court.

By 2011 an appellate court had overturned the judge's decision and allowed the samples to be admitted.

The blood samples were never entered as evidence as the South Elgin police had destroyed them in error.

Of the finality of the case A.D. said, "I'm trying to look at it from a different perspective, and I'm trying to forgive. We'll never forget. What else can we do? She's young. I don't want her life ruined. I'm glad it's over. Five years is a long, long, emotional time."

The plea was accepted by Judge Timothy Sheldon, who also stipulated that E.S. must go to alcohol treatment and attend "Accepting Responsibility is Mandatory" – a counseling and team building program.

E.S. asked the judge for permission to move to attend a nursing school in Pennsylvania; the judge granted her request.

E.S. must pay over $10,000 for the Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet during her two-year long probation.

D.F., F.F.'s sister said, "They still have their daughter. (F.F.'s) dead forever. I guess (E.S.) will be in her own prison. In a way, she's going to get punished for a longer time (than jail), and every time that bracelet goes off, she'll have to think about what she did. I'm just glad it's over."

If you are facing charges that stem from a DUI, DWI, OUI or OWI, contact a DUI attorney to best serve your needs. Arranging for a plea deal is one aspect of your case that can help lessen your fines and prison time.

Categories: DUI, DUI/DWI Arrests

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