Carpentersville man charged in 2016 DUI that killed baby wants blood evidence thrown out
The attorney for a Carpentersville man charged with driving under the influence in a Barrington Hills crash that killed a 5-month-old is asking a judge to throw out chemical tests showing his client had a blood alcohol content of .099, which is over the state's legal threshold of .08.
The lawyer for Brayer Arias-Colazo, 25, of the 100 block of Woodland Circle, argues his client passed field sobriety tests after the Nov. 3, 2016, crash and refused medical treatment, but still was detained and taken to a hospital for a blood and urine draw.
Kane County Judge Clint Hull denied the motion to suppress evidence in June 2019, but has since changed courtrooms. Defense attorney Tim Mahoney wants Judge Charles Petersen to reconsider the move to prevent his client's BAC from being used at trial, arguing police had no probable cause to obtain a blood or urine sample and that his client's Fourth Amendment right against unreasonable search and seizure was violated.
"After the defendant passed the standard field sobriety tests, he was ordered to sit in a squad car and not free to leave. At that time, there was no longer probable cause to believe that the defendant was under the influence of alcohol," read part of Mahoney's motion.
Arias-Colazo is charged with reckless homicide, eight counts of aggravated DUI and speeding in the crash. Authorities say Arias-Colazo was going 82 mph in a 45-mph zone while heading south on Route 25 when he struck another vehicle near Silverstone Drive, killing 5-month-old Merdiz Lambert, of Carpentersville, and injuring three others.
Mahoney also argues that squad car video from the night of the crash "ultimately was never preserved," according to court records.
If convicted of aggravated DUI, Arias-Colazo faces a sentence ranging from three to 14 years in prison and he must serve 85 percent instead of the customary 50 percent for most crimes.
Arias-Colazo is free after posting $10,000 bond and his case is due for a hearing on Aug. 23.