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Will County DUI Pedestrian Hit-and-Run Accident Defense Lawyer
Understanding DUI Pedestrian Hit-and-Run Charges in Will County
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Will County, Illinois, which includes cities like Joliet, Bolingbrook, and Plainfield, sees its fair share of DUI arrests each year. A DUI pedestrian hit-and-run is one of the most serious offenses a driver can face. Illinois DUI laws imposes harsh penalties on individuals who leave the scene of an accident, and when alcohol or drugs are involved, the legal consequences increase significantly.
A hit-and-run involving a pedestrian is prosecuted under 625 ILCS 5/11-401, which requires all drivers involved in an accident to stop and provide assistance. Fleeing the scene—especially when under the influence—can result in felony charges, long-term driver’s license revocation, and mandatory prison time.
Many people accused of DUI hit-and-run do not leave the scene with malicious intent. Fear, confusion, or a lack of awareness that a collision even occurred can lead to an arrest. Regardless of the circumstances, law enforcement and prosecutors will aggressively pursue these cases.
At the Law Offices of David L. Freidberg, we fight for those accused of DUI pedestrian hit-and-run charges in Will County. Our firm works to challenge evidence, protect constitutional rights, and minimize penalties, helping clients secure the best possible outcome for their case.
Illinois Laws and Penalties for DUI Pedestrian Hit-and-Run Charges
Illinois law treats DUI and leaving the scene of an accident as separate criminal offenses, each carrying severe penalties.
Under 625 ILCS 5/11-401, drivers involved in an accident that results in injury or death must immediately stop at the scene and call for emergency assistance. If the driver flees, they can face:
- Class 4 felony charges if the accident involves bodily injury, punishable by 1 to 3 years in prison and up to $25,000 in fines.
- Class 1 felony charges if the accident results in a fatality, punishable by 4 to 15 years in prison and a mandatory driver’s license revocation.
Additionally, DUI offenses are prosecuted under 625 ILCS 5/11-501. A DUI conviction alone can result in:
- First-time offense: Class A misdemeanor, up to one year in jail, fines up to $2,500, and driver’s license suspension.
- Second DUI offense: Class A misdemeanor with mandatory jail time or 240 hours of community service.
- Third DUI offense (Aggravated DUI): Class 2 felony, 3 to 7 years in prison, permanent criminal record, and license revocation.
When DUI and hit-and-run charges are combined, penalties increase significantly, often leading to enhanced felony charges and mandatory imprisonment.
How DUI Pedestrian Hit-and-Run Cases Are Investigated
After a pedestrian hit-and-run accident, law enforcement conducts a detailed investigation to identify and charge the driver. Officers will gather:
- Surveillance footage from traffic cameras, businesses, and homes near the accident scene.
- Eyewitness statements from bystanders, other drivers, or pedestrians.
- Vehicle debris and forensic evidence to match the suspect’s car to the accident.
- Cell phone records or GPS data to track the driver’s location before and after the accident.
If an individual is suspected of DUI at the time of the accident, law enforcement may seek blood tests, breathalyzer results, and field sobriety test performance records. Even if a suspect was not immediately arrested, a warrant for their arrest may be issued once police gather sufficient evidence.
Legal Defenses Against DUI Pedestrian Hit-and-Run Charges
Defending a DUI pedestrian hit-and-run charge requires an aggressive legal strategy. Some of the most effective defenses include:
- Lack of Knowledge: The driver must knowingly leave the scene to be charged. If they were unaware an accident occurred, this can be a defense.
- Mistaken Identity: Law enforcement must prove beyond a reasonable doubt that the accused was the driver at the time of the accident.
- Unreliable Witness Testimony: Eyewitnesses can be unreliable, especially at night or in high-traffic areas.
- Faulty BAC Test Results: If a breathalyzer or blood test was improperly administered, the BAC evidence may be challenged or dismissed.
- Constitutional Violations: If the arrest involved illegal police procedures or unlawful searches, evidence may be suppressed in court.
A defense attorney can also negotiate with prosecutors to reduce felony charges to misdemeanors, avoid mandatory prison time, and pursue alternative sentencing options such as probation or community service.
Why You Need a DUI Pedestrian Hit-and-Run Defense Lawyer
A DUI hit-and-run conviction can lead to significant jail time, permanent license revocation, and a felony criminal record. Without proper legal representation, individuals risk maximum sentencing and long-term consequences.
At The Law Offices of David L. Freidberg, we work aggressively to:
- Challenge law enforcement evidence and fight for case dismissals.
- Negotiate reduced charges and alternative sentencing options.
- Ensure constitutional rights were not violated during the arrest or investigation.
A felony conviction can make it difficult to find employment, housing, and restore driving privileges. Working with an experienced criminal defense attorney can make the difference between freedom and a lengthy prison sentence.
Call The Law Offices of David L. Freidberg for Drugged Driving DUI Defense
If you have been charged with DUI and leaving the scene of an accident in Will County, you need an aggressive legal defense. Illinois law does not take these cases lightly, and the consequences of a conviction can be devastating.
The Law Offices of David L. Freidberg provides aggressive defense for clients in Will County and throughout Illinois. We are available 24/7 for a free consultation to discuss your case and develop a defense strategy.
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of DUI in Will County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in Will County, DuPage County, Cook County, Lake County, and the greater Chicago area.