Defense attorney, law enforcement answers DUI questions in light of recent homicide of Rayshard Brooks

Digital Originals

PEORIA, Ill. (WMBD) — There are more questions about police training and individual state laws after a black man is killed during an officer-involved shooting Friday in Atlanta.

A medical examiners report shows a 27-year-old Rayshard Brook was shot twice in the back.

His death is now being ruled a homicide.

Bodycam footage from the incident shows that Brooks grabbed a taser and resisted arrest. But some argue that Brooks posed no threat to the public prior to police involvement and did not need to be arrested. Still, one Peoria criminal defense attorney believes it’s not that simple.

“They are publicly intoxicated, they are under influence of alcohol and officers has the discretion to arrest that person,” Criminal Defense Attorney Chris McCall said. “Once again, let’s say the officer chooses not to arrest that individual, and that individual walks home, and because he or she is drunk, gets hit by a semi. Then, of course, that police officer and department gets hit with a lawsuit because they should have arrested that individual.”

Peoria Police Department said law enforcement can make a DUI arrest because of probable cause including slurred speech, a smell of substance, and failing a sobriety test.

Traffic Officer with PPD, Micheal Ott, explains that sleeping in the car intoxicated is illegal if that person is sleeping on the driver’s side with the vehicle on.

“If it’s in a safe place, and they can not be in actual physical control of the vehicle. So I’d say not having the ignition on and the car have to be off. Maybe find themselves in the passenger or in the rear of the vehicle and the key not in the ignition,” Ott said.

Garrett Rolfe, the APD officer who shot at Brooks was fired. The other officer, Devin Brosnan, is on administrative duty.

Officer Ott also said if you are in a similar situation and are asked to take a preliminary breath test you can refuse without penalty.
That’s because it is not admissible in court.

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