Posted On: November 23, 2008 by Christopher T. Hurley

Chicago family wants more serious charges filed in fatal DUI accident

The family of a woman who died in a Southside accident wants more serious charges filed against two drivers who were involved the a deadly crash. Prosecutors now say they believe police improperly investigated the crash where one of the alleged offenders was an off-duty Chicago police officer. ABC 7 News reports that the family wants felonies filed in the case.

The June 2007 accident occurred at a Southside Chicago intersection when the victim was riding on the back of a Harley Davidson motorcycle driven by off-duty Chicago police officer Eugene Bikulcius. They were coming from a neighborhood bar. According to the police report, the motorcycle struck a Dodge Charger as its driver, 49-year-old Carol Miller, was making an illegal left-hand turn. The impact was so hard police diagrams show the motorcycle impact turned the car 180 degrees.

On the night of the accident, the driver of the car, Miller, was arrested for misdemeanor DUI. Police reports show that Officer Bikulcius wasn’t given a breathalyzer test because he was taken to the hospital. Eventually- five months later- the Cook County state's attorney office uncovered hospital blood tests that showed Bikulcius was intoxicated that night. Blood tests showed he was three times the legal limit. That's when the state's attorney also charged him with misdemeanor DUI charges. Drivers under the influence who cause a death usually are charged with Class 2 felonies that can hold a penalty of up to 14 years in prison and subject them to civil liability.

If you or a loved one are the victim of a drunk driver, you are not helpless. According to Illinois law, every person who is injured or whose property is damaged in Illinois by any intoxicated person has a right of action. Let the Car Accident Attorneys at Hurley McKenna & Mertz fight for your rights. Please contact us at (312) 553-4900.

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