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Illinois Man Injured in a DUI Accident is Shot by Police while at the Hospital

Illinois Man Injured in a DUI Accident is Shot by Police while at the Hospital

A few days ago a tragic turn of events happened in Highland Park, Illinois when a passenger involved in a DUI car accident was taken to a local hospital where he was fatally shot by police.

Around 11:30 Sunday evening, Illinois state police responded to a DUI car crash on Illinois Route 94.  The uninjured driver allegedly showed signs of driving under the influence and was arrested then taken to the station for possible DUI charges.  The two passengers in the car were Christopher Anderson and his 9-year-old daughter.  Both passengers suffered injuries from the car accident and were transported to Highland Park Hospital.

While at the hospital, Anderson allegedly became hostile and drew a handgun on hospital staff while they were trying to subdue him. Police were called.  At approximately 1:30am on Monday morning, police repeatedly asked Anderson to drop his gun, but police say he refused.  Anderson was shot dead by the officers.

Fortunately the daughter did not witness the shooting and was released from the hospital into her mother’s care.

Stricken with grief and anger, Anderson’s family has reached out to police for answers, of which they have had none.  “They steady shooting people and getting away with it,” says Shanta Davis, Anderson’s ex-girlfriend and mother to the 9-year-old daughter, “and they know they messed up so they trying to plan as if he did all of this and that, my daughter said he had no gun on him and I’m going to believe my daughter.”

Chicago community activist, Ralph Peterson questions the actions of the police, “How can a 27-year-old whose daughter is seeking medical attention end up dead?”

Currently the Lake County Major Crime Task Force is investigating whether the shooting was justified or not.

 

Will I Get in Trouble if I Refuse to Take the DUI Field Sobriety Tests?

Will I Get in Trouble if I Refuse to Take the DUI Field Sobriety Tests?

The answer is NO, you will not get in trouble if you refuse to take the DUI field sobriety tests because they are voluntary tests.  Meaning any person asked or told to take the field sobriety test has the legal right to decide if they want to take the test or not.  If an individual refuses to take the test, the officer must comply with their choice and continue the DUI investigation without any field sobriety tests.  That individual will not incur any consequence because he or she exercised their right to refuse the voluntary tests.

So why do so many people end up taking the DUI field sobriety tests?  The number one reason is that they are uninformed about the “voluntary” aspect.  Officers are legally required to tell every individual that the field sobriety test are voluntary, however, many officers fail to use the word voluntary.  Instead, they use words and phrases that make the individual feel obligated to take the field tests, such as, “next you will perform the DUI field sobriety tests,” or “Let’s begin the field sobriety tests.”  And thus many people have taken the field sobriety tests without having knowledge that the tests were voluntary.

Additional reasons people take the DUI field sobriety tests include; being scared and nervous; wanting to cooperate with the officer; and lastly being heavily intoxicated which often hinders good decision-making.

Here at David O Defense, we always recommend the refusal of the DUI field sobriety tests. The tests are difficult and set up in a manner in which most people will fail.  Later the failed test results may be used against an individual when prosecuting them for the DUI.

 

Ultimate Fighter Nick Diaz Arrested for DUI

Ultimate Fighter Nick Diaz Arrested for DUI

A few weeks ago, Ultimate Fighter mega star Nick Diaz was arrested for DUI in California.  The story becomes much more entertaining when apparently Diaz gets the bright idea to vomit the alcohol out of his system,~ hey he’s probably used the same method to make-weight, he must have thought it would also work for lowing an alcohol BAC level.  Unfortunately for Nick, he was unable to perform, and his creativity only landed him two additional legal charges of obstructing a police DUI investigation and destroying evidence (aka, trying to puke out the booze).

Diaz landed the DUI at 2am on September 6th when he was stopped by CA police officers for committing a traffic violation.  Upon questioning, the officers allegedly could smell odors of alcohol and visually noticed signs of intoxication.  The 31 year-old pro figher was arrested for DUI and was taken into custody.

While at jail, police officers asked Diaz if he wanted to provide a blood sample or breath sample, Diaz chose the breath sample.  While officers set up the breathalyzer machine, Diaz asked to use the restroom, where he tried to eliminate his DUI evidence.  The police could hear the gagging and immediately stopped Diaz before he could “toss any cookies”.  According to watch commander Sergeant Steve Maynard, Diaz’s attempt to vomit was considered a refusal to take the test.  Here in Washington State, refusal of both the breath or blood test will result in even harsher penalties if found guilty of the DUI, than compared to someone who submits to either the breath or blood tests.  Diaz was booked and charged with misdemeanor DUI, driving on a suspended license, obstruction of a police investigation, and destroying evidence.  To make matters worse, this is Diaz’s second DUI within a year.  Last November, Diaz was arrested and charged with DUI and unsafe speed for prevailing conditions.

Recently, sports agent Lloyd Pierson released statements on behalf of Diaz regarding the DUI arrest, “He is very sorry he has disappointed his fans, friends and family.  Nick wants to take the opportunity to thank all his fans who have immediately reached out to him for unconditional support.”

With a much-anticipated fight ahead ~ UFC 183 Nick Diaz VS Anderson Silva ~ January 31, Diaz better get a strong criminal defense attorney to defend his rights and knockout his new legal charges.

Nick Diaz is due back in court on September 25th for his DUI arraignment.

 

TKO