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Police Reports

Driver charged with felony DUI crash in Batavia Twp.

DUI crash injures woman, takes out fence, damages tree

Juan L. Hernandez was charged with two counts of felony aggravated driving under the influence.
Juan L. Hernandez was charged with two counts of felony aggravated driving under the influence.

ST. CHARLES TOWNSHIP – An Aurora man was charged with two counts of felony aggravated drunken driving and causing an accident in which he drove through a fence and hit a tree, injuring his passenger– while he walked away, according to Kane County Sheriff’s reports.

The two felony counts against Juan L. Hernandez, 41, of the 700 block of Trask Street, Aurora, stem from a third arrest for driving under the influence and driving under the influence resulting in great bodily harm to his passenger, court records and sheriff’s reports show.

The woman suffered a broken left wrist, soreness and swelling in the chest area, according to the charging documents.

Hernandez has two prior convictions for driving under the influence, in 2010 and 2015, according to the charging documents.

Hernandez was also charged Jan. 25 with driving with a blood alcohol content greater than 0.08%, driving with a suspended license, failure to reduce speed to avoid an accident and failure to give aid following an accident, according to court and sheriff’s records.

Deputies were first called about 1:20 p.m. to the crash site at 3S701 Deerpath Road, Batavia Township in response to a report of a vehicle that hit a tree, the report stated.

North Aurora officers and paramedics were already there and a woman was holding her chest and complaining of chest and arm pain, the report stated.

Tire tracks from a 2007 Chevrolet Tahoe showed that it was traveling north on Deerpath Road, left the roadway at the curve on the east side shoulder into the ditch, through a 20-foot-wide section of fence and head north through the yard and into a freshly damaged large tree, the report stated.

The tire tracks led to a severely damaged Tahoe that had come to rest in the driveway. The Tahoe had extensive front end damage, its airbags had deployed, the front passenger side tire was torn off and in the front yard, several yards away, the report stated.

The homeowner told deputies that at 1:10 p.m., he heard a loud crash. When he went outside, he saw that a tan Tahoe had driven through his fence and into a tree on his property, the report stated.

The homeowner told the deputy he saw a man get out of the front driver’s side and assist a woman in the front passenger seat to get out as well, the report stated.

“The female appeared to be screaming in pain,” the homeowner said, according to the report.

North Aurora officers assisting deputies at the scene, followed a set of footprints in the snow and found Hernandez hiding in the marsh of a wooded area on the north side of Mooseheart Road, approximately a mile away, the report stated.

North Aurora officers told deputies that Hernandez was hiding in knee to thigh-high water and was trembling due to the nearly freezing cold temperature, the report stated. Officers said Hernandez appeared to be stuck or going into shock so they assisted him out of the water.

Deputies later confirmed that Hernandez was the driver and the injured woman was his passenger, the report stated.

Both Hernandez and his passenger were taken to the emergency room at Amita Health Mercy Medical Center Aurora, the report stated.

Hernandez told deputies that when the woman “started screaming that she was having a heart attack,” he began “freaking out,” and panicked, so walked toward a house on Deerpath to get his girlfriend to help, the report stated.

Hernandez told deputies he had not had anything to drink that day, but that he had “a lot” the night before, the report stated.

Hernandez told deputies that he drank four or five Bud Light beers the night before, with his last drink at 1 a.m., and then he went to sleep and had not had anything alcoholic to drink after waking at 10 a.m. the next day, the report stated.

A blood test showed that Hernandez’s blood alcohol content was 0.143%, the report stated, nearly twice the legal limit of 0.08%. Hernandez told deputies he did not understand how his blood alcohol level could be so high.

Hernandez’s bond was initially set at $50,000 on Jan. 26, but was reduced to $20,000 following a bond reduction hearing on Jan. 30.

He posted $2,000 or 10% to be released on bail. The terms of his bond require that he refrain from alcohol use and not drive without a valid license, court records show.

Hernandez’s next court date is scheduled for Feb. 21.

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