.260 BAC, No Driver's License, Joliet Man Skips Court: Warrant

JOLIET, IL — Erasmo Rodriguez-Aguilar, a West Jefferson Street driver who Joliet police say had a blood-alcohol concentration of 0.26 — which is more than three times the legal limit to be drunk, now faces a civil forfeiture of his car and a warrant for his arrest because he's failed to show up for court, Will County files show.

In December, Will County prosecutors charged Rodriguez-Aguilar with two felony counts of aggravated DUI/license revoked or suspended. Then, after posting bond Dec. 3 to get out of Will County's Jail, Rodriguez-Aguilar was a no-show for two consecutive court hearings, Dec. 27 and Dec. 30. He is being represented by the Will County Public Defender's Office in Courtroom 405 of Will County Judge Dave Carlson.

"Counsel has no explanation for defendant's absence. Defendant's bond is ordered forfeited, and the matter is set for entry of judgment," court records reflect.

On the civil side, the Will County State's Attorney's Office of Jim Glasgow is now asking that a Will County judge order the 2011 Nissan Sentra driven by Rodriguez-Aguilar to be destroyed, sold at public auction or given to an Illinois police agency.

His forfeiture complaint states that Rodriguez-Aguilar's driver's license was already revoked for a previous DUI and "it appeared that Erasmo Rodriguez-Aguilar was previously charged in Will County for aggravated DUI-3rd offense."

The Will County Sheriff's Office warrants website states that Rodriguez-Aguilar faces the following criminal charges and traffic offenses:

• AGG DUI/LIC SUSP OR REVOKED
• AGG DUI/LIC SUSP OR REVOKED
• HEAD/TAIL/SIDELIGHT/1ST,2ND
• IMPROPER TURN SIGNAL
• IMPROPER TRAFFIC LANE USAGE
• FAIL DRIVE ON RIGHT SIDE OF ROAD/EXCEPTIONS
• DRIVING 1-10 MPH ABOVE LIMIT
• FLEEING/ATTEMPT ELUDE OFFICER
• DRIVING ON REVOKED LICENSE
• OPERATE UNINSURED MTR VEHICLE
• DRVG UNDER INFLU OF ALCOHOL
• DRVG UNDER INFLU/BAC 0.08

After being questioned in his driveway in the St. Pat's Area on Dec. 3, Rodriguez-Aguilar told Joliet Police Officer Ken Macejak he did not have a driver's license; he furnished a Mexican Identification Card, the forfeiture indicated.

After the 20-minute observation period at the Joliet police station, Rodriguez-Aguilar provided a breath sample showing a 0.26 BAC, the complaint stated.

According to the complaint, the following events led to the Joliet man's latest DUI arrest:

On Dec. 3, the Joliet officer patrolling Jefferson Street saw the 2011 Nissan Sentra driving without its headlights on.

• The Nissan drifted back and forth within its lane of traffic and over the double yellow line dividing the east and westbound traffic on Jefferson Street.

• At Reed Street, the Nissan Sentra drifted over the no-passing lane divider as it was traveling 42 mph in the 30 mph zone.
• The officer activated the flashing lights and sirens, but Rodriguez-Aguilar ignored them and continued drifting eastbound on Jefferson Street.
• At Jefferson and Hunter Avenue, the officer activated his sirens and his spotlight, but the Nissan kept on going eastbound on Jefferson.
• The driver slowed down and clipped the west curb of Hunter Avenue with the back passenger side tire as he turned south on Hunter.
• The driver made a wide right turn, violating the double yellow no-passing divider, and then drove in the completely wrong lane of traffic.
• Now going south on Hunter Avenue, Rodriguez-Aguilar drove in the northbound lane for a short time frame before correcting his car back to the proper lane.
• When Rodriguez-Aguilar reached Emmett Street, he made a turn without using his turn signal and pulled into his driveway in the 500 block of Emmett, and that's when he turned his headlights on for the first time.
• The officer re-activated his emergency lights in the defendant's driveway.

"Officer Macejak observed Erasmo Rodriguez-Aguilar to have bloodshot glassy eyes, slow deliberate movements and his speech to be mumbled and difficult to understand at times. Erasmo Rodriguez-Aguilar admitted that he was at a bar and had three shots. Erasmo ... failed the Standardized Field Sobriety Testing," the forfeiture complaint noted.

Officer Macejak is the same officer who pulled over and arrested Joliet Township Supervisor Angel Contreras last Father's Day weekend. Contreras faces charges of driving on a suspended license, as well as aggravated driving under the influence/license suspended or revoked.

For Contreras, this marks his third DUI case, prosecutors have outlined. The next pre-trial appearance for the Joliet Township Supervisor is set for Jan. 31 in Courtroom 503.

No trial date has been set. Back in October, downtown Joliet lawyer Scott Delaney filed a one-sentence statement at the Will County Courthouse on behalf of his client, Angel Contreras, declaring: "Defendant's defense is that the State cannot prove this cause beyond a reasonable doubt."

Related Joliet Patch coverage:

More Trouble For Angel Contreras: His Truck Faces Forfeiture

Angel Contreras Arrested, Spends Night In Will County's Jail

Angel Contreras' 3rd DUI Arrest: 'I Should Have Gone Home'