Teen Drunk Driver hits Cop Car while Fleeing Shootout

Last weekend, 18-year-old Kendall Collier hit a squad car and injured a police officer while drunkenly driving away from a shooting at a house party.

Early Saturday morning, gunfire erupted at a Montgomery Illinois house party. The shooting caused attendees to scatter. Collier was one of those in attendance who got in his car and drove away to avoid this shooting. In the process he ran into a squad car and injured the officer inside.

Police say Collier was intoxicated at the time of the accident. He is being charged with aggravated DUI.

No one was hurt in the shooting. The injured officer was initially in serious condition, but has since been stabilized.

Brett Appelman Comments

This kid is in serious trouble, but he might get a break based on his reason for driving while under the influence.

Necessity is a defense to most crimes. The argument goes that “I HAD to commit the crime because it was necessary in order to avoid a much worse event from happening.”  Just as firemen will not get prosecuted for kicking your door in to run into a burning house (Breaking and Entering), this defendant might be able to argue that it was necessary for him to drive, even while drunk, to avoid getting shot.  A jury might believe that he had no other choice.

Even if he is found guilty, I would imagine that the judge would give him some leniency in sentencing him, based on his reasons for driving.

 

Related Sources:

Chicago.cbslocal.com

Illinois Drunk Driver Faces DUI Charges after Deadly Crash

A fatal crash that killed one on the Kennedy expressway over the weekend was the result of drunk driving, according to police reports.

The accident occurred at 4:20 am Sunday on the Kennedy expressway. The vehicle veered into a barrier, then swerved back into traffic, hitting two other vehicles and causing a third to smash into a wall.

There were seven passengers in the vehicle. Some were sitting on others’ laps. 23-year-old Maryana Holovii was one of the seven passengers, seated directly behind the driver. She was rushed to Advocate Illinois Masonic Medical Center after sustaining several broken ribs and a punctured heart in the crash. She ultimately succumbed to her wounds and was pronounced dead at 6:45 am.

The driver, Pavlo Lulak, had a blood alcohol content of .207—well over the legal limit of .08. He has been charged with aggravated DUI involving a death.

“The driver is going to be facing multiple charges in this case,” says Chicago DUI Attorney, Brett Appelman. “Aggravated DUI, causing an accident, and possibly a lifetime ban on driving. Because one of his passengers died, if he is convicted he will be sentenced to a mandatory minimum of 3 years in state prison. That prison term is non-probationable, meaning he MUST go to prison if convicted. These tragedies are becoming more common in Illinois. The case of Sandra Vasquez from 2007 is very similar.  She had too many people in her car while leaving a party. She was drunk and crashed her car, killing 5 teenaged passengers.  She is currently serving a 15 year sentence in the state prison.”

Related Sources:

Chicagotribune.com