When I last checked in with Carly Rousso’s case, (the “Highland Park huffing case” that lead to the death of five year old Jaclyn Santos-Sacramento) her attorney Douglas Zeit had argued that the law stating that a person can found guilty of a DUI for inhaling “various substances” to be unconstitutionally vague.
Judge Booras has not made a decision on this motion yet. Today, he postponed his ruling until March 14th.
However, today Mr. Zeit made news by announcing that his client is ready to plead guilty to reckless homicide, a class 3 felony, if the prosecution would dismiss DUI causing death, a Class 2 felony. The class two felony has a range of sentence between two and five years (or probation), whereas the DUI charge has a range of three to 14 years, and probation is not allowed barring extraordinary circumstances.
The prosecutor handling the case, Assistant State’s Attorney Michael Ori, did not respond to Mr. Zeit’s offer. However, Mr. Zeit’s statements indicate that his client will plead guilty assuming that Judge Booras does not find the statute unconstitutional.