Man Hits Skateboarder, Arrested Three Blocks Later
Luis P. Pena is going to be facing a significant amount of jail time if convicted. According to the Chicago Tribune, Pena was behind the wheel of a Dodge Neon when he clipped a 42-year-old skateboarder at about 2 a.m. on Friday. He attempted to flee the scene, but was stopped a few blocks down the road by responding officers. His blood alcohol content was reportedly 0.18.
Now he’s facing charges of aggravated DUI, leaving the scene of an accident involving injury, misdemeanor DUI, reckless driving, driving without a license, operating a vehicle without insurance, and a bond violation from a previous drunk driving charge. Because he was still on bond from the previous arrest, we can be pretty confident that the previous DUI happened recently.
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Based on the facts as reported, Pena seems to be triggering a myriad of different provisions of the DUI statute. Had he smoked crack and had a couple of children in the back of the car, he might’ve triggered them all. Some of the many relevant provisions include:
- A mandatory minimum of 2 days of imprisonment and a minimum fine of $1,250 for high BAC on a second offense;
- A mandatory minimum of 5 days of imprisonment or 240 hours of community service for a second offense;
- A class 4 felony (up to three years in prison) for the hit and run;
- A class 4 felony (up to three years in prison) for either a DUI causing injury, a DUI on a suspended or nonexistent license, or a DUI without insurance;
In other words, if he is convicted of the pending charges, he faces a lengthy sentence on a lot of charges for a lot of really unintelligent behavior.
Related Resources:
- Consult a Chicago DUI Attorney (FindLaw)
- Fatal DUI Hit-and-Run Driver: I Thought I Hit a Tree (FindLaw’s Chicago DUI Blog)
- Legal U: Don’t Ditch the Scene of an Accident! (FindLaw’s Chicago Personal Injury Law Blog)
- Driver Charged with Striking Skateboarder in Bucktown (NBC 5 Chicago)
2012-10-23 11:43:16
Source: http://chicagoduilawyersblog.com/2012/10/man-hits-skateboarder-arrested-three-blocks-later.html
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