Kane County Sheriff Ron Hain and Kane County State’s Attorney Jamie Mosser have announced that they will appeal a judge’s ruling allowing for the release of a woman charged with various felony DUI offenses related to an accident Saturday involving two young children.
The 39-year-old woman from Blackberry Township, just outside of Elburn, was charged after the car she was driving left the road in the 42W000 block of Hughes Road in Blackberry Township and landed in a ditch late Saturday evening.
Two children, ages 7 (from Elburn) and 8 (from Sugar Grove), were passengers in the vehicle when the accident occurred.
According to WGN Investigates, a police report indicated the defendant had a blood alcohol level of .16 and signs of cannabis in her system. The legal blood alcohol limit to drive is .08.
This is the fourth time the defendant has been charged with driving under the influence, according to prosecutors.
Mosser’s office sought detention for the defendant but a judge ordered her released, WGN reported.
“This is a detainable offense because of the great bodily harm to the child,” Kane County State’s Attorney Jamie Mosser and Sheriff Ron Hain said in a joint statement to WGN Investigates. “We will be appealing this as we do not think there are any conditions that would prevent her from endangering her child or the community.”
