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Wisconsin DUI Suspect Acquitted of Charges

Randy Rozek • Aug 08, 2016

A Wisconsin woman was found not guilty in connection to DUI charges stemming from a 2014 crash that seriously injured a teenager.

According to an article in the Northwest Herald, McHenry County Judge Michael Feetterer returned the not guilty verdict following a July 29 bench trial for Kelly L. Kufke.

“ Kufke was charged in January 2014  with aggravated DUI, endangering the life and well-being of a child, improper lane usage and failure to reduce speed to avoid an accident ,” according to a 2014 article by Northwest Herald. “Kufke was driving a 2013 Volkswagen Jetta south on Alden Road about 4:30 p.m. Jan. 26, 2014, when she crossed into the opposite lane and struck a 2003 Honda Accord driven by James Long of Walworth, Wisconsin, police have said.”

Prosecutors argued that Kufke was under the influence of prescription drugs at the time of the crash.

Long and his passengers, including Wisconsin teenager Kennedy Hehr, 17, were traveling back to Wisconsin from a McHenry County volleyball tournament, Hehr testified. She said she was asleep in the back seat and woke up to “excruciating pain.” Hehr suffered a ruptured intestine and spent 11 days in the hospital as a result of the crash.

Kufke and two children in her car were taken to Centegra Hospital.

“More than two years after the crash, Hehr, of Lake Geneva, Wisconsin, said she still deals with severe stomach pain. Hehr and several family members were present in the courtroom on Thursday,” according to the article. “After weighing evidence and arguments presented by the state and defense, Feetterer said the state was unable to prove Kufke was under the influence of drugs that impaired her ability to safely drive.”

Feetterer told the court that the only evidence pointing to what happened the day of the crash was by word of mouth. He said a statement by Kufke to police and testimony from Hehr, who was asleep at the time of the crash, were the only explanations of evidence given. He said prosecutors did not provide any further witnesses or evidence to further explain what transpired, such as testimony from Long or other passengers in the vehicle.

“Kufke’s statement to McHenry County Sheriff’s Deputy Noah Knudson indicated she was driving on Alden Road when she saw a vehicle in the middle of the roadway traveling north. She tried to move to the shoulder to avoid a collision but instead hit the rear end of the vehicle, she said in the article. “Knudson testified that when he spoke with Kufke, she had difficulty answering questions and would doze off. He also said he saw at least nine pill bottles containing medication that included oxycodone, gabapentin and topiramate. He said from these inferences he believed she was under the influence of drugs.”

The roadways were reportedly snow covered and there was a whiteout condition weather warning announced on the day of the crash.

Kufke reportedly suffered head trauma and became dazed because of the concussion she sustained in the crash, which was indicated by medical records. There was no evidence any of the medications in her blood at the time of the crash that showed impairment.

Kufke reportedly said she had taken some of the medications earlier in the morning, several hours before the crash occurred.

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