Thursday, March 3, 2011

Driving While Drunk Results In Demise Of Passenger-Sentencing Of Driver April 15

Louis A. Bianchi, McHenry County State’s Attorney, announces today that Uri C. Herrera-Garcia, 24, of Crystal Lake, entered a plea of guilty to one count of Aggravated Driving Under the Influence of Alcohol Causing Death (Class 2 Felony). 

In the late evening hours of October 25, 2009, Uri Herrera-Garcia drove a vehicle on Rte. 120 at Tijuana Drive in Lakemoor, Illinois.  He lost control of his vehicle that drove off the roadway and collided with a tree off of the roadway.  A passenger in the vehicle, Leonardo Elias (dob: 2/18/91), perished as a result of the injuries he received during this accident.  Mr. Herrera-Garcia was found at the scene of the crash and had blood on his face.  Later hospital toxicology testing, as well as police testing, revealed a blood alcohol level in Mr. Herrera-Garcia that was greater than 0.08.

Mr. Herrera-Garcia, after being arrested on a warrant, admitted to Crystal Lake Police Officers to driving the motor vehicle involved in this case.  The DNA on the air bag of the vehicle matched the DNA belonging to Mr. Herrera-Garcia. 

Mr. Herrera-Garcia will be sentenced on April 15, 2011.  This offense is probationable, and if prison is imposed, there is a range of 3 to 14 years in prison.  Mr. Herrera-Garcia would be required to serve 85% of any prison sentence before being eligible for parole. 

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