Illinois Reckless Homicide Defense Attorney

Lawyer Defending Reckless Homicide and DUI Charges in Cook County and Throughout the State

There are few experiences worse than accidentally causing someone's death. You do not plan to hurt anyone when you get behind the wheel, but unfortunately, fatal car accidents are often unavoidable. However, just because you have inadvertently caused the death of another, this does not mean your own life has to effectively end as a result. In these cases, you deserve a strong defense that will help make sure the consequences are fair and just.

Attorney Stephen M. Komie has over 40 years of experience litigating criminal defense cases, and he understands the best approaches to take in a reckless homicide case, whether or not alcohol or drugs are involved.

Reckless Homicide and DUI in Illinois

In Illinois, reckless homicide is equivalent to a charge of involuntary manslaughter, which occurs when someone is killed unintentionally and without legal justification due to someone else's actions. Reckless homicide applies if a person was driving a vehicle when their actions led to someone else's death.

Reckless homicide charges often go hand in hand with DUI charges. If a driver who caused someone's death was found to be intoxicated at the time of the accident, they will be presumed to be engaging in reckless conduct. In some cases, a driver may be charged with reckless homicide even if their blood alcohol concentration (BAC) was below the legal limit of .08%, if a prosecutor can show that they drove unsafely in a way that could be attributed to alcohol or drug impairment (such as drifting out of their lane or driving on the wrong side of the road).

Reckless homicide is a Class 3 felony in Illinois, punishable by two to five years in jail. This charge can also be accompanied by an aggravated DUI charge, which is punishable by three to 14 years in jail. If other aggravating factors exist, such as if the accident occurred in a school or work zone, the charge may be upgraded to a Class 2 felony, and the punishment can be as much as 28 years in jail.

Defenses Against Reckless Homicide Charges

The stakes are high in a reckless homicide case, and this means that you need a skilled attorney on your side who can examine the evidence against you and present a vigorous defense against the charges. Our attorneys have a number of options for defense in these cases, including:

• Challenging field sobriety tests - Even if you appeared to be unharmed following the accident, the physical and emotional shock of the collision were likely enough to make you appear impaired, whether or not you had any alcohol or drugs in your system. An officer's observations in these cases are not a reliable indicator of impairment.
• Challenging BAC test results - Even if a breath or blood test showed that you had drugs or alcohol in your system at the time of the accident, the results of these tests can be challenged if they were not performed correctly, if the equipment was not properly maintained, or if this testing violated your rights against unreasonable search and seizure.
• Cause of accident - We will examine evidence including police reports, video footage, photographs, and witness testimony to determine whether the cause of the accident may be attributed to a factor other than your alleged impairment.

Contact a Chicago Criminal Defense Lawyer

If you have been charged with reckless homicide, you should contact the offices of Komie and Associates as soon as possible. We will thoroughly investigate the circumstances of your accident and determine the best strategy for your defense. Contact an Illinois defense attorney today at 312-263-2800 to schedule a free consultation.