New Case Law: Aggravated Dui

The Illinois Appellate Court has obliterated the concept that a person charged with DUI must be proven to have caused great bodily harm or death when the violation is the "proximate cause" of the injury or death. Here, a state trooper's car with activated emergency lights was struck by a third person, and the defendant's vehicle then struck the trooper's squad. Instead of focusing on whether the defendant caused the collision and death, the court lectured on the dangers of drivers who use alcohol and who may not have adequately anticipated the accident in order to avoid it. This case, People v. Cook, could be used as precedent, and is a dangerous extension of the concept of "proximate cause."