A Lake County Criminal Court judge will decide whether a Highland Park teenager accused of killing a 5-year-old Highwood girl will face the most serious of the charges against her at 9 a.m. Wednesday in Waukegan.
Carly Rousso, 19, of Highland Park is challenging the constitutionality of four claims of aggravated driving under the influence claiming she inhaled difluoroethane just before she drove her car into Jaclyn Santos-Sacramento, 5, of Highwood Sept. 3, 2012, on Central Avenue.
Doug Zeit, Rousso’s attorney, claims the law is too vague to claim his client should have known difluoroethane, a compound which can be purchased in many stores, would be intoxicating.
“The statute makes an irrebutable presumption that anything that can be (ingested) can be intoxicating,” Zeit said to Judge James Booras in November when the motion to dismiss was argued the first time.
After hearing arguments from Zeit and Assistant Lake County State’s Attorney Michael Ori, Booras asked the lawyers to do more research into the issues and promised to do the same himself. “I’m going to mull over what I’ve heard and see what I can find myself,” Booras said in November.
Should Booras dismiss the four counts of aggravated driving under the influence, Rousso will still face two counts of reckless homicide. Such a ruling would reduce her possible prison time and create a possibility of probation.
A ruling in Rousso’s favor will prompt an automatic appeal to the Illinois Supreme Court under Illinois law. Zeit could appeal if Booras upholds the charges.