DUI Charges Upgraded in Fatal Chicago Crash

Nancy Spencer, 33, of Chicago is charged with felony driving under the influence stemming from a 2010 crash that killed a mother and her teenage son as they were headed home from a funeral for the boy’s grandmother. Originally, the DUI was charged as a misdemeanor. However, the charge was upgraded to aggravated felony DUI on Tuesday.

Prosecutors say the charges were upgraded after lab results matched Spencer’s DNA with blood found on the driver’s side air bag, placing her behind the wheel at the time of the crash. Spencer was allegedly traveling at a high rate of speed when she swerved to go around a stopped vehicle, at which time she lost control of her car, which flipped onto its side and struck a tree and light pole. Damari McCaster, 13, and his mother, Lavishia Penn, 34, were in the back seat of Spencer’s car and pinned down in the wreckage. A third passenger was not injured.

Tests performed at Advocate Christ Medical Center in Oak Lawn allegedly showed Spencer had a BAC of .17, just over twice the legal limit. She allegedly admitted to drinking 3 and a half glasses of wine.

Woman facing upgraded charges in fatal DUI, www.chicagotribune.com, April 20, 2011

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