Bruce Brandwein, defense attorney for Alia Bernard, will argue that the “any amount” of marijuana law recently passed by the Illinois Supreme Court is unconstitutional and violates equal protection under the law.
Bernard was originally charged with reckless homicide, but aggravated DUI charges were filed after blood test detected some amount of marijuana in her system. She could face up to 28 years in prison if convicted. Bernard, 27, allegedly caused a fatal 9 vehicle pile-up when she rear-ended a stopped car and pushed the vehicle into an oncoming group of motorcyclist. Two people involved in the crash died and 12 others were injured.
Brandwein has motioned to have the aggravated DUI charges thrown out. Lead prosecutors on the case say they will fight Brandwein’s motion. Both sides will argue their positions in court on September 30, 2011.
Attorney in fatal crash says pot law is unconstitutional, www.dailyherald.com, August 23, 2011
Pot DUI Evidence Against Alia Bernard To Be Heard In Car-Crash Reckless Homicide Case, www.huffintonpost.com, April 21, 2011