On Sep 24, 1:58 pm, Kristian M Zoerhoff <[email hidden]>
Quoted message said:Leo Lichtman said:"Bob Dole" wrote: (clip) Perpetrator arrested. (clip)
^^^^^^^^^^^^^^^^^^
He must have surmised that someone got his license number. My guess is that
he called an attorney on his cell phone and was advised to return, in order
to avoid a hit-run charge. Too bad. A real hit-run charge would have been
more satisfying. Maybe some of the witnesses will testify that his actions
appeared deliberate, which would make it assault with a deadly weapon.
In the IL Criminal Code, that would be aggravated assault, as it was
upon a public highway [1]. Class A misdemeanor, in this case, which means the
cops can file the charge without the State's Attorney.
What he /should/ be charged with is Attempted Reckless Homicide [2], but
felony charges have to go through the Lake County State's Attorney for that.
[1] 720 ILCS 5/12-2
[2] 720 ILCS 5/9-3. Class 3 Felony, 2-5 years.
--
__o Kristian Zoerhoff
_'\(,_ [email hidden]
(_)/ (_)
Attempted Reckless Homicide? Sorry, but there is no such animal. In
this context, "attempt" presumes an intent to cause harm. Recklessness
is a willful or wanton disregard for the likely consequences of an
act. The two are not synonymous. If they were then every DUI driver
could be charged with Attempted Reckless Homicide even if they hadn't
been involved in a crash.
BTW, under Illinois law an attempt to commit a Class 3 felony is
classified as a Class 4 felony, one penalty level lower than if the
crime were actually committed. We like to reward our incompetent
criminals. Just look at our governors, past and present. ;-)
Regards,
Bob Hunt