Aurora woman charged with reckless homicide after marijuana was found in her system
Can an Aurora who had the presence of marijuana in her urine, be held criminally responsible for an accident that killed two people. Does it mean that she was impaired at the time of the accident?
The Illinois Supreme Court believes it does, but her defense attorney disagrees.
Alia Bernard, 27 was charged with reckless homicide for causing an accident in May 2009 that killed two people.
If she is convicted Bernard could face up to 28 years in prison, but probation also is an option.
Bruce Brandwein, Bernard's attorney the Illinois Supreme Court's decision is overly broad and unconsitutional by holding drivers criminally responsible for an accident crash if they have “any amount” of marijuana in their system.
“For example, some states allow the lawful use of marijuana for medical reasons. A person, using marijuana where legal, and is not impaired, drives into Illinois and gets into a fatal accident may not be charged with aggravated driving under the influence, where under the same facts, a person who has consumed marijuana unlawfully can be charged,” Brandwein wrote. “There is no rational basis for this distinction.”
Brandwein, also argues to determine if a driver is impaired that a field sobriety tests is the best way.
Bernard is accused of rear-ending a stopped car On May 23, 2009, Bernard rear ended a stopped car which was pushed into an oncoming group of motorcycle riders. The accident caused a nine-vehicle pileup on Route 47 near Smith Road. Twelve other people were injured in the accident. She is free on $5,000 bond.
First Assistant State’s Attorney Jody Gleason who is the lead prosecutor on the case, wuold not declined to comment other than to say they will fight Brandwein’s motion. Gleason has until Sept. 23 to respond.
A hearing is set before Judge Allen Anderson Sept. 30. It is unclear whether Anderson will rule that day or take it under advisement
