Judge: McHenry woman can't withdraw guilty plea in fatal DUI

Rejecting claims that Nicole Cerk didn't know what she was getting herself into, a judge Tuesday refused to allow the imprisoned McHenry woman to withdraw her guilty plea to allegations her drunken driving caused a crash that killed a Fox Lake man.

Cerk, 31, is serving an 8-year prison sentence as a result of her decision to plead guilty last year to an aggravated DUI charge stemming from a February 2007 collision that claimed the life of 22-year-old Curtiss Phelan. Authorities say Cerk's blood-alcohol limit was more than three times the legal limit when her car slammed into Phelan's at the intersection of Fox Lake and Broadway roads in McHenry Township.

In court documents asking to withdraw her guilty plea, Cerk's defense claims she was not properly warned of the ramifications and possible sentence she faced by admitting guilt, and that Judge Joseph Condon failed to give due consideration to Cerk's rehabilitative potential when sentencing her to prison.

The defense also argued that Condon improperly interpreted state law to find that Cerk should be sentenced to prison barring extraordinary circumstances. Cerk's lawyers believe state law requires the judge to consider probation over prison.

Condon denied the motion without explanation Tuesday.

Cerk's attorney, Jeffrey Altman, said she would likely appeal Condon's decision.