Chicago DUI Lawyer Blog

Glen Ray Higginbotham Jr., 34, of Yorkville was sentenced in Will County on Monday to 8 years in prison for two DUI arrests that occurred in 2010 and 2011 (4 years on each count). These arrests come after he served time in prison in 1999 for a drunken-driving crash that killed at 10-year-old girl in Lockport. At that time, Higginbotham was sentenced to 7 years in prison for reckless homicide. His driving privileges were revoked in 2000.

Candace Graham was a passenger in her mother’s car when Higginbotham crashed into the passenger side just before midnight on May 4, 1999 as they were pulling out of a convenient store. According to police, he was speeding 81 mph in a 35-mph zone. Police say he was legally intoxicated and had cocaine in his system. Reportedly, Constance Graham later admitted that she was also intoxicated when the incident occurred. At the time of the crash, Higginbotham was serving suspended sentences on convictions for theft, possessing a stolen motor vehicle, and aggravated battery.

Man who served time in girl’s 1999 DUI death gets 8 years in new DUI cases, www.chicagtribune.com, January 7, 2013

According to a release, Gonzalo Aguilera, 28, of Elmwood Park has been charged with DUI after crashing in a Riverside forest preserve near Brookfield Zoo. On Saturday at 2:13 a.m., a caller told police that a vehicle had swerved across four lanes of 1st Avenue and crashed into the woods. Riverside police found Aguilera out of the car and bleeding from the head. The vehicle caught fire after the crash and was eventually extinguished by fire personnel. Aguilera was treated and released at Loyola University Medical Center.

Aguilera reportedly told police he had been drinking tequila margaritas and beer, and smoking marijuana. He has been charged with driving under the influence of alcohol, driving under the influence of drugs, and additional traffic offenses.

Man faces DUI charges after fiery crash in Riverside, www.chicagotribune.com, December 15, 2012

The city reached a $6.25 million settlement with a pedestrian injured by Dwight Washington, a Chicago Streets and Sanitation worker, who drove his city vehicle into a crowd in May 2011. Washington was employed by the city of Chicago to collect debris and empty garbage cans at the time of the incident. His city truck reportedly jumped the curb in the Viagra Triangle area and ran into a crowd of pedestrians, resulting in injuries to seven individuals. Richard Chang suffered the most severe injuries including brain damage, requiring him to relearn to walk and talk.

Police found a bottle of brandy in the seat of the vehicle. Tests revealed a BAC over twice the legal limit. Washington was charged with felony aggravated DUI, transportation of alcohol and failure to reduce speed. Questions inevitably arose as to why his supervisors allowed him to get behind the wheel. Additional lawsuits are pending against Washington and the city.

Pedestrian Struck By Drunk Chicago Streets And San Worker Receives $6.25 Million Settlement From City, www.chicagoist.com, December 10, 2012

Former Chicago police detective, Joseph Frugoli, was sentenced to 8 years in prison for a fatal DUI crash on the Dan Ryan Expressway in 2009. Frugoli is blamed for the deaths of Andrew Cazares, 23, and Fausto Manzera, 21, a student at Depaul.

In the early morning hours of April 10, 2009, Frugoli reportedly crashed into the back of the victims’ vehicle while it was disabled on the expressway. The two men were trapped inside the vehicle when it was consumed by fire. Frugoli was helped out of his vehicle by a passerby and was then seen limping away from the wreck down an off-ramp. He was apprehended a short time later according to prosecutors. Frugoli’s BAC was over three times the legal limit of .08.

Frugoli pleaded guilty to aggravated DUI but denied intentionally leaving the scene. He was found guilty of that charge by a Cook County judge. His attorneys requested that he be placed in protective custody during his sentence. The victims’ families were upset and outraged by the length of jail time imposed.

Luis P. Pena, 30, of Chicago is charged with aggravated DUI and leaving the scene of an accident involving injury after a fatal crash on Saturday around 2 a.m.. Reginald Destin, 42, died after being struck while skateboarding with two friends on North Milwaukee Ave in the Bucktown neighborhood. Destin was well-known “pillar in the Chicago skateboarding community” and entrepreneur.

After the crash, Destin was left in critical condition. He was put in a medically induced coma after being transported to the hospital and later died. Friends across the county raised about $29,000 as part of a fundraising drive on behalf of Destin’s family to help with funeral costs.

Pena reportedly fled the scene but was apprehended soon after. He allegedly had a BAC of .18. Pena is currently being held without bail because prosecutors claim he is alleged to have violated a previous bond on a DUI charge. After Destin’s death, a spokeswoman for the Cook County State’s Attorney’s Office said that charges may be upgraded. In addition to aggravated DUI, Pena also faces charges for reckless driving, driving without a driver’s license, and operating a vehicle without insurance.

According to Lake County prosecutors, DUI charges were dropped against Joseph Cardinale, 43, of Chicago, who was involved in a fatal crash in Long Grove this past September. Cardinale’s SUV collided with a motorcycle driven by Anthony Brust, 21. Brust did not survive the blunt force trauma he sustained to his head. Cardinale was not injured in the collision.

Laboratory results reportedly show that Cardinale was not impaired by drugs or alcohol at the time of the crash. As a result, the misdemeanor DUI charges were dropped by the Lake County State’s Attorney’s Office. He still faces a petty traffic citation for failure to yield right of way.

DUI charges dropped against Chicago man involved in Long Grove fatal motorcycle crash, www.dailyherald.com, October 17, 2012

Marquis Harris, 18, pled guilty to first-degree murder in the DUI-related death of Marciea Adkins. Harris was sentenced on Friday to 25 years in prison for killing Adkins, 42, a Chicago police dispatcher.

According to police, Harrison left a party around 6 a.m. on July 10, 2011 when he reportedly observed a driver leave a Range Rover idling while paying a parking meter on West North Avenue. Prosecutors say that while high on ecstasy, marijuana and vodka, Harrison jumped into the vehicle and took off. A police officer pulled Harrison over after seeing the vehicle run a red light, but the driver allegedly backed into the officer’s squad car almost striking two officers before driving away.

Harrison allegedly tried to evade officers through Bucktown before running a stop sign and striking Adkins’ vehicle. He reportedly ran from the crash but was arrested a few blocks from the scene. Adkins was on her way home from her overnight shift as a Chicago police dispatcher.