Chicago DUI Lawyer Blog

Sandra Vasquez, 26, was sentenced to 15 years in prison after the fatal drunk-driving crash in 2007 that left five Oswego teens dead and three others injured. The prison term means Vasquez, the mother of two young children, will have to spend at least 12 1/2 years behind bars.

Initially, Vazquez faced up to 28 years in prison. Her request for probation was denied by Kendall County Judge Clint Hull who instead imposed the prison term. The jury deliberated for nearly 12 hours over two days before convicting Vasquez of reckless homicide and aggravated DUI. During deliberations, jurors watched a videotaped interrogation of Vasquez in which she told police that she had several drinks prior to driving the teens home but insisted she was not drunk.

Prosecutors presented evidence that Vasquez was drunk and speeding when her car swerved off Illinois 31 at hit a utility pole in the far west suburb of Aurora. Killed in the crash were Katherine Merkel, 14; James McGee,14; Jessica Nutoni, 15; Tiffany Urso, 16; and Matthew Frank, 17. Vasquez and three other passengers were seriously injured but survived.

Vasquez had a BAC of .105 when blood test were performed after the crash. Her attorney had questioned the accuracy of the blood test, claiming that Vasquez's liver was damaged in the crash. Challenging BAC results is a common effort of DUI defense attorneys under similar circumstances.

Driver gets 15 years in crash that killed 5 Oswego teens, www.suntimes.com, August 27, 2010

Oswaldo Gonzalez, 36, was charged in May with Reckless Homicide and several different DUI charges after allegedly rear-ending a silver Kia Rio in the 3500 block of West 30th Street. Alicia Pedroza, 58, was pronounced dead at Stroger Hospital. Two other people and an infant were also injured.

Gonzalez was allegedly driving at high speeds for several blocks and blew through a number of stop signs before hitting Pedroza. Gonzalez was not authorized to take the car belonging to a family member and had to be subdued with a taser after the crash.

Pedroza's daughter, Victoria Luna, filed suit against Gonzalez asking for an unspecified amount of damages. The suit also names Flor Aranda, the owner of the minivan driven by Gonzalez.

Suit Filed in Fatal Crash in Little Village, www.chicagobreakingnews.com, August 23, 2010

William Larimer, 57, a commuter van driver was arrested while driving eight people home from work on Friday afternoon. Larimer was driving on I-95 in Stafford when his van was pulled over for weaving in and out of traffic. According to his employer, the passengers on the van knew Larimer had just left an office party. Larimer was allegedly asked repeatedly by several passengers if he was okay and many even volunteered to drive but he refused. Larimer has no prior DUI's and is charged with DUI, failure to take a blood or breath test, and failure to obey highway makers. He has been let go by his employer.

Vanpool Driver Busted for DUI, www.chicagotribune.com, August 24, 2010

Jonathan Bahena, a 4-year-old child, was killed on Sunday after his mother Laticia Medel crashed into two cars. Leticia Medel, 24, has been charged with felony aggravated DUI resulting in an accident and bodily harm, driving under the influence of alcohol, driving 15 to 20 mph over the speed limit, failure to reduce speed, driving without a license, transporting an open container of alcohol, failure to properly restrain a child in her car and driving without insurance. Her alcohol level was allegedly .151, almost twice the legal limit of .08, and officers found two beer cans in her car.

Medel's 2-year-old child and husband also in the car were injured as well. Medel was traveling east on the 4500 block of West Fullerton when she allegedly ran through a red light and struck the rear of a Honda Civic which propelled into another vehicle. Medel's vehicle then crossed into the next lane of traffic hitting a Chevrolet Tahoe. Witnesses stated Medel took her two children and attempted to flee from the scene. Both children were rushed to Children's Memorial Hospital, where Jonathan was pronounced dead. He suffered a lacerated liver and multiple contusions.

Medel was ordered held in lieu of $350,000 bail.

Women charged with felony DUI in crash that killed 4-year-old, www.suntimes.com, August 17, 2010

Anthony McCoy, 41, of the 1500 block of West Fullerton is accused of hijacking a police SUV and attempting to run down two officers. McCoy also crashed another stolen car and tried to carjack a Taxi and a 1999 Isuzu carrying a 4 year old child.

McCoy is charged with aggravated battery to a police officer, attempted vehicular hijacking, aggravated attempted vehicular hijacking, leaving the scene of an accident with injuries, leaving the scene of an accident with property damage and criminal damage to property. He also received tickets for reckless driving, failure to yield the right of way on a left turn, disobeying a red light and operating a motor vehicle without insurance.

The police chase began on Sunday at about 1 p.m when McCoy ran a red light at Lasalle and Ontario in a stolen white Lexus and hit a vehicle injuring the two occupants. McCoy fled and crashed into another vehicle on Grand Avenue also injuring the occupant. McCoy continued to flee but the Lexus stopped apparently due to damage from the crashes. He tried entering passing vehicles, eventually attempting to push out the driver of the 1999 Isuzu but failed. McCoy then entered the backseat of a taxi but the driver jumped out and locked the doors. McCoy kicked out the rear passenger window and escaped. After the escape he ran into a Near North District police officer who tried to arrest him. The two struggled and McCoy got free and took the officer's SUV. McCoy then struck the officer with the SUV and another officer coming to his aid. He then crashed into a fire hydrant and officers arrested him with the help of a passerby.

Police said the officers involved were not seriously injured.

Lincoln Park man accused of hitting cops with squad car, www.chicagobreakingnews.com, August 17, 2010

Diamonds Gentlemen's Club of West Chicago settled for $1 million in a lawsuit that had been filed after a 2006 DUI crash the resulted in the death of a pregnant woman, her unborn child, and a patron of the club. The suit alleged that John Hamatas and John Chiariello had drank at the club until they were removed by bouncers because Homatas was found vomiting in a restroom. Employees of the club allegedly put Homatas in his car and the two men left. Fifteen minutes later, Homatas allegedly drove head-on into April Simmons' SUV near South Elgin. Simmons, 27, was 8 months pregnant at the time.

Diamonds paid $800,000 to the husband of Simmons and the remainder of the settlement went to the family of Chiariello. $1 million was the maximum of the club's insurance policy. Homatas settled a civil case against him for $200,00, which was the maximum amount of his insurance policy. In March, the Illinois Supreme Court found that the club was partially accountable for the accident, sparking settlement talks between the parties.

In 2007, Hamatas, 29, was found guilty in a Kane County court. He is serving 12-years in prison for aggravated DUI and reckless homicide.

West Chicago strip club settles DUI suit for $1 million, www.chicagotribune.com, August 12, 2010

The driver in a fatal DUI crash earlier this year as well as the bar and bartender that allegedly served him alcohol has been sued by the mother of the victim. According to the Cook County lawsuit, on January 19, Matthew Talavera, 23, was out drinking at Joe E's Unforgettable Lounge in Chicago. Afterward, Talavera was driving with Richard Smart, 24, in the passenger seat when he allegedly crashed into a parked car. Smart was ejected from the front seat and died from the injuries he sustained in the crash. Talavera was charged with DUI, driving without insurance, negligent driving and a lane usage violation. His BAC was allegedly over three times the legal limit at .270.

The Cook County lawsuit names Talavera, the bar, and the alleged bartender as defendants and seeks an unspecified amount of damages.

Mom of man killed in DUI crash sues alleged driver, bar, chicagobreakingnews.com, August 5, 2010

A Chicago man was indicted on July 13 in connection with a Wilmette crash that resulted in the death of two Chicago teenagers. According to the Cook County State's Attorney's office, 20-year-old Szymon Zawadzki, pleaded not guilt on Monday on charges of aggravated DUI and reckless homicide.

He is allegedly responsible for the crash in which Veronica Rojas, 18, and Natalie Stygar, 17, of the Northwest Side were killed. The crash occurred on June 28th in Wilmette around 2:30 a.m., when Zawadzki's car went off the road and struck a fire hydrant, then a tree and ultimately ended up in the front yard of a home. Both girls were pronounced dead at Evanston Hospital. A third girl sitting in the backseat was critically injured, while a front seat passenger was treated and released from Evanston Hospital.

Court records indicate that Zawadzki picked up the girls and went to a movie. Afterward, they allegedly bought a bottle of vodka to celebrate Rojas' birthday at Wilmette beach.

Chicago man pleads not guilty in Wilmette crash that killed three, www.pioneerlocal.com, August 2, 2010

Thomas G. Ofenloch Jr., 26, of Aurora, was sentenced to 10 years in prison for a DUI crash that killed two of his friends in 2007. The sentence stems from an Aug. 4, 2007 crash and claimed the lives of two former high school classmates of Ofenloch, Joshua Sutton and Andrew Berger.

Ofenloch's classmates were passengers in his car when it became airborne, running through an intersection, and slamming into a tree. An accident specialist testified that the car was traveling between 104 and 113 mph when it left the road, and 58mph when it hit the tree.

The three young men had been at a party together. According to prosecutors, a blood test taken at the hospital showed that Ofenloch's BAC was almost twice the legal limit, he also had marijuana in his system. The Kane County judge noted Ofenloch's history of "herrendous" driving. He was allegedly arrested for DUI just 5 weeks before the fatal crash.

Ofenloch pleaded guilty in February to two counts of aggravated DUI and one count of DUI in the Kane County case. He had faced a maximum 28 year sentence. Ofenloch's criminal defense attorney argued that Ofenloch had turned his life around, even giving speeches about his story. The prosecutor requested a 12-year sentence arguing that Ofenloch had not done anything special since the incident, just followed the rules. He must serve 85% of the 10 year sentence before he is eligible for parole.

Aurora man gets 10 years in fatal DUI crash, www.chicagobreakingnews.com, July 30, 2010

10 year sentence in DUI accident that killed two young suburban men, www.examiner.com, July 30, 2010

The driver in a fatal McHenry County DUI-related crash was arrested this month while breaking in cars in Crystal Lake, according to police. Urichait Herrera-Garcia, 23, was believed to have fled the county after the tragic October crash. He was indicted by a grand jury on six counts of aggravated DUI more than seven months ago. Herrera-Gracia was finally arraigned on Monday in a McHenry County courtroom.

The single-vehicle crash took place in Lakemoor and resulted in the death of Leonardo Elias, 18, of Round Lake, and injured six others. Police allege that Herrera-Garcia was drunk and speeding in a minivan when it left the roadway, striking a tree.

Police believed that Herrera-Garcia had fled to Mexico until he was arrested in Crystal Lake. He was allegedly caught fleeing an area where officers were responding to reports of a vehicle break-in in progress. Police say he used a false name when charged with the burglary. He eventually admitted his true identity after police questioned him about certain discrepancies including his fingerprints.

Herrera-Garcia pleaded not guilty on Monday to the felony DUI charges and asked for a jury trial.

Fugitive in fatal 2009 McHenry Co. crash captured breaking into cars, www.dailyherald.com, July 26, 2010

Edward Cook, 25, of Aurora, was sentenced on Friday by a Kane County judge to 15 years in prison for the DUI-related crash that killed David Long, 57. Cook was convicted in the death of Long and his dog, who were out for an early morning walk in their Batavia neighborhood approximately one year ago. Cook allegedly drove a car up onto a sidewalk around 6:45 a.m. on July 29, 2009, striking both Long and his dog. Police say he was driving about 50 mph after a night of drinking and drug use, and didn't have permission from the owner to be driving the vehicle. After the crash, Cook reportedly tried to flee but was caught by police in a nearby backyard. Cook was convicted in May on multiple counts of aggravated DUI and reckless homicide. Kane County prosecutors unsuccessfully tried to bring charges of first-degree murder against Cook.

Aurora man sentenced in Batavia DUI death, www.chicagotribune.com, July 24, 2010

A Naperville man with six prior DUI arrests has been declared unfit for trial. George C. Ford, 37, "has been found unfit to stand trial right now, having been diagnosed with bipolar disorder," said a spokesman for DuPage County State's Attorney Joe Birkett.

A psychologist recently made the finding and the presiding judge continued the case to Aug. 5. However, it will likely take up to a year for Ford to receive treatment and be found fit for trial.

His DUI arrest record goes back at least as far as 2006. On June 10, 2006 Naperville police arrested Ford who was allegedly intoxicated and charged with three counts of DUI and one count of driving without a license as well as driving without insurance.

Ford was indicted in July 2006 by a grand jury on four counts of aggravated DUI after an arrest in Darien. He was subsequently arrested in Naperville on charges of driving without a license, improper lane usage and failing to notify the owner of a vehicle his car had struck that day.

Ford remained in custody in the DuPage County Jail under a "no bond" order.

Chronic drunken driver unfit for trial, www.suburbanchicagonews.com, July 23, 2010

Twelve drivers were arrested for DUI in Kane County's latest No Refusal weekend over the 4th of July holiday. The operation was reportedly one of the county's largest to date, involving nine municipal police agencies in addition to the sheriff's office and the Illinois State Police.

Of the dozen drivers charged, three initially refused field sobriety tests, and at least three were repeat offenders. The focus of the crackdown was repeat offenders rather than 1st time DUI offenders.

Motorists suspected of DUI who refuse sobriety tests during No Refusal can be served with court-ordered search warrants for their blood, breath or urine. If the driver still refuses, additional charges, such as obstructing justice, may result.

This was the 5th No Refusal campaign, which first began in 2008. Police from Carpentersville, East Dundee, Elgin, Geneva, Montgomery, St. Charles, South Elgin, Sugar Grove and West Dundee all participated.

12 charged in Kane County DUI crackdown, www.dailyherald.com, July 13, 2010

A Lisle attorney was finally sentenced for a DUI-related accident that seriously injured a Wheaton teen in 2005. Timothy J. Winfield, 43, was ordered to serve 5 months in DuPage county jail, complete 150 hours of public service, continue counseling and wear a alcohol monitoring bracelet during his 30 month probation period. He will be allowed to leave jail during the day to work during the final 120 days of his term.

In 2005, after allegedly running a red light, Winfield's Cadillac crashed into a Dodge Caravan, sending it into a forest preserve. The 18-year-old female driver was critically injured, suffering a fractured pelvis, severed tendon in her hand, and bruised kidneys. Glass was embedded in her face and her seat belt caused burns on her neck.

Blood tests showed that Winfield had a .10 blood-alcohol content. Defense attorneys argued that alcohol-based antiseptic pads used by the Illinois State Police to perform tests skewed that result. Prosecutors argued for the maximum three-year prison term. His record includes four prior DUI arrests among other offenses.

A DuPage County jury convicted Winfield of aggravated DUI involving great bodily harm in November 2009. He was finally sentenced this past Monday.

Attorney with bad driving record gets jail time for DUI crash, www.dailyherald.com, July 12, 2010

A drag race on the Eisenhower Expressway ended in the death of one man and injury of two others after their vehicle flipped early Sunday morning. Maurice A. Horton, 28, was a front-seat passenger in a 2004 Chevrolet Impala, driven by his cousin, that State Police said crashed on the outbound Ike around 2:30 a.m. State Police say that Edward Dixon, 28, of Chicago has been charged with DUI as the driver of the vehicle. Horton was returning from the lakefront after a gathering with a group of friends and relatives.

Police say that during the race, the driver of the Impala lost control of the car which rolled and crashed. Horton and the driver were partially ejected from the vehicle. Allegedely none of the three individuals in the care were wearing seat belts. The driver, Dixon, was in critical condition and a back-seat passenger suffered non-life-threatening injuries. Police do not have a description of the other vehicle involved in the race.

Crash during race on Ike kills 1, injures 2, www.suntimes.com, July 12, 2010

Driver in Fatal Ike Drag Race Crash Charged with DUI, www.myfoxchicago.com, July 12, 2010