Dennard arrested for DUI

[PATSYLICIOUS]

After a long day at work, I come here to see what's new in PatsLand...

Also reports are we brought Lenny Dykstra in for a workout

 

[supafly]

The laws are different state to state, but a few minor points.

• Failure to stay within your lane is a legitimate reason for an officer to pull a driver over and give them a citation, and at that time also observe for possible impairment.
• Most police cars today have cameras, so that will back up their reason for pulling the driver over (as opposed to simply 'driving while black').
• Misdemeanor traffic cases such as this one typically do not go to a jury trial, they are handled strictly by a judge.
• A judge is highly unlikely going to dismiss a DUI case because on an officer pulled a driver over for failure to stay within their lane.
• Refusing to take a breathalyzer in almost all cases will result in being found guilty of DUI.

I think you've hit it right on the head with these thoughts.

I'm unsure why many think they can simply refuse a test and somehow end up getting off, because the word of a sworn officer alone usually gets the job done when combined with the refusal of the test; and that's not even bringing in the video evidence of both the swerving while driving, and also the field sobriety test into it.

Actually, since you break the implied consent laws when refusing to submit to DUI tests via blood or breath, you're then found guilty of that too--and often times the license suspension is between 6-12 months, and is often done immediately for that specific infraction.

In a nutshell, IF you're found guilty of DUI (which you almost always are for the reasons stated above) in this situation, you're actually punished more severely if you also refuse the test as opposed to simply taking the "regular" DUI penalty.

 

[supafly]

Also reports are we brought Lenny Dykstra in for a workout

At this point I seriously cannot say that I'd be that suprised considering the summer/offseason that this team has had.

I'm actually going to wake up everyday and expect something to be wrong from here on out. This offseason is starting to change the way I think anymore, and unfortunately there is some level of seriousness to my thought even though I mean it tongue in cheek.

 

[PATSYLICIOUS]

At this point I seriously cannot say that I'd be that suprised considering the summer/offseason that this team has had.

I'm actually going to wake up everyday and expect something to be wrong from here on out. This offseason is starting to change the way I think anymore, and unfortunately there is some level of seriousness to my thought even though I mean it tongue in cheek.

On the bright side, now each day that goes by without an arrest is a success the next 2 months. Something to look forward to each day until season starts (hopefully!)

 

[supafly]

On the bright side, now each day that goes by without an arrest is a success the next 2 months. Something to look forward to each day until season starts (hopefully!)

In the meantime, Dykstra was tough as "nails" so I'm assuming that he could definitely rush the passer :rocker:

On a more serious note, let's hope the rumored "team won't be happy with what comes out" rumor regarding Fanane's recovery hearing on 7/25 is something either untrue or that is very minor. I believe that a local beatwriter stated this a couple of months back. If that ends up being anything even remotely significant I'll have to go back to watching replays of the SB42 helmet catch to ease my mind--that's how bad things will be.

 

[TheBostonStraggler]

I think you've hit it right on the head with these thoughts.

I'm unsure why many think they can simply refuse a test and somehow end up getting off, because the word of a sworn officer alone usually gets the job done when combined with the refusal of the test; and that's not even bringing in the video evidence of both the swerving while driving, and also the field sobriety test into it.

Actually, since you break the implied consent laws when refusing to submit to DUI tests via blood or breath, you're then found guilty of that too--and often times the license suspension is between 6-12 months, and is often done immediately for that specific infraction.

In a nutshell, IF you're found guilty of DUI (which you almost always are for the reasons stated above) in this situation, you're actually punished more severely if you also refuse the test as opposed to simply taking the "regular" DUI penalty.

Perfect. Now he can't drive to where trouble awaits and this should keep him good for the whole season.

So refusal to submit to a 'DUI test' is an automatic guilty on DUI (among other things)? Interesting. What if 20 minutes prior to being pulled over, you can prove that you were at a location -- providing multiple witnesses -- that did not have alcohol, no one saw alcohol, no one witnessed him drinking or acting as if under the influence, and this was over several hours? These facts are irrelevant and a refusal of a DUI field test is, in effect, a totally conclusive fact of guilt? That's interesting though seemingly a bit odd. I'm not saying you're wrong (I assume you're right), just odd that one can be convicted of something solely based on a refusal to cooperate. Within the larger context, how does this mesh with the right to not self incriminate? I can see being convicted of failure to obey an officer or whatever law that applies to failing to obey in these circumstances......just odd that they also convict you of actually being under the influence when it is seemingly far from proven.

 

[DarrylS]

Wonder how significant this kid's alcohol problems are? Second alcohol related allegation in a couple of years, if so maybe he was in a treatment program and may have had a setback..

Are there implications for this team if they cut him, based on information we do not know at this time or probably in the future...

He could be innocent, and he could be in a treatment program which could muddy the waters...

The most significant charge here may be the Violation of Probation... which could lead to an easier conviction and subsequent time..

 

[Brady6]

This post illustrates what I believe to be the true reason for our disagreement. You think Dennard is a good kid who keeps getting railroaded by either incompetent or downright malicious police behavior. If that is the case then NE is absolutely right to stand by him.

I am coming from the angle that the arrests are legitimate. Hell, even if neither is legit, I have to ask why The Fonz would return to the same area that he was just subjected to a corrupt charge. Would you? I know if I was completely screwed by the justice system I'd get as far away from that damn place as possible. Especially since I am on two years probation.

If Dennard really was drunk, I would fully support the team cutting ties with him.

This post was eye opening, certainly gives me something to consider. Maybe I am looking at the wrong angle of things, or maybe I'm a football fan who doesn't want to see us lose a good player so I'm arguing any angle to justify it subconsciously.

I guess the one thing we can both agree on is the disappointment in Dennard for even putting us in the situation to consider this.

 

[Boston Boxer]

we are turning into the Bengals

 

[SB39]

If Dennard is released, it will be a strong indicator that the AH nightmare has changed the way the Patriots will do business and changed how Kraft allows football operations to be run. To put some context to that, I'd be willing to bet that BB was not, at least initially, for outright releasing AH. I'd bet he wanted to proceed with the 'AH separation' in a way that would impact the salary cap in the most team friendly way possible ((maybe there wasn't anyway to lessen the impact, but if there was, BB probably wanted to proceed that way)). This is not to say he wanted to keep AH. Even BB's intense focus on winning wouldn't have made him overlook the finite actions ultimately required for AH. But Kraft was probably the one to say 'dump AH, period. I don't even want to hear 'salary cap' mentioned in the conversation'.

I disagree. I think Belichick was 100% on board with dumping Hernandez in order to get rid of the distraction.

 

[SB39]

The most significant charge here may be the Violation of Probation... which could lead to an easier conviction and subsequent time..

This is exactly what I was thinking. I can't believe how much people are arguing back and forth over the DUI and the refusal to take a breathylizer and things like that.

Dennard's biggest problem here is the probation violation. Judge can throw him in jail simply for being arrested, even if he was 100% sober Wednesday night.

 

[JMC00]

we are turning into the Bengals

Ya I can totally see that seeing is how this was the first time in 5 years multiple Patriots players have been arrested in a year.

Need about 24 more arrests to turn into the Bengals

That chart is not updated so Patriots are at 16 since 2000. Which is still less than the media loved franchises of GB, IND, BAL, DEN, NO, PIT

6 of those 16 Patriots arrests came in 2 years, '08 and '13

 

[makoute]

we are turning into the Bengals

Hopefully the Pats do not start to suck like the Bengals used to suck.

 

[PatsWickedPissah]

This is exactly what I was thinking. I can't believe how much people are arguing back and forth over the DUI and the refusal to take a breathylizer and things like that.

Dennard's biggest problem here is the probation violation. Judge can throw him in jail simply for being arrested, even if he was 100% sober Wednesday night.

So someone on probation arrested without cause as you state goes to jail? NFW not if he has a judge or lawyer minimally competent. You can't just go "arrest" someone on probation and get their jail time imposed.

 

[Miguel]

Ya I can totally see that seeing is how this was the first time in 5 years a Patriots player has been arrested.

Edelman was arrested in 2011
Lockett in 2010.

 

[JMC00]

Meant to say multiple players. post fixed.

 

[fnordcircle]

Ian Rapoport ‏@RapSheet 2m
Details from someone who heard Alfonzo Dennard's side of his arrest: He attempted to blow for breathalyzer twice. Told he was below limit...

Ian Rapoport ‏@RapSheet 1m
More Dennard: Officer told him he hadn't blown hard enough, thus the did not comply designation. He was not asked to take a blood test.

I'll wait and see what comes out but a player driving drunk and a cop arresting someone on technicalities both are solid possibilities.

 

[Oswlek]

I'll wait and see what comes out but a player driving drunk and a cop arresting someone on technicalities both are solid possibilities.

If this is accurate, then I hope Dennard never sets foot in Nebraska ever again. Seriously. Just stay the **** out.

 

[fnordcircle]

If this is accurate, then I hope Dennard never sets foot in Nebraska ever again. Seriously. Just stay the **** out.

Yeah - if there's anything this summer has taught us it's that NFL players really benefit from living somewhere other than where they grew up/went to college.

Dennard must have banged a sheriff's daughter or something...

 

[Demosthenes]

Perfect. Now he can't drive to where trouble awaits and this should keep him good for the whole season.

So refusal to submit to a 'DUI test' is an automatic guilty on DUI (among other things)? Interesting. What if 20 minutes prior to being pulled over, you can prove that you were at a location -- providing multiple witnesses -- that did not have alcohol, no one saw alcohol, no one witnessed him drinking or acting as if under the influence, and this was over several hours? These facts are irrelevant and a refusal of a DUI field test is, in effect, a totally conclusive fact of guilt? That's interesting though seemingly a bit odd. I'm not saying you're wrong (I assume you're right), just odd that one can be convicted of something solely based on a refusal to cooperate. Within the larger context, how does this mesh with the right to not self incriminate? I can see being convicted of failure to obey an officer or whatever law that applies to failing to obey in these circumstances......just odd that they also convict you of actually being under the influence when it is seemingly far from proven.

I think you misread his post. Nebraska is an "implied consent" state. If you refuse a breathalyzer, you lose your license for 6 months and there may be other penalties as well. This is regardless of the outcome of your DUI case.

On the DUI, a breathalyzer test isn't required for conviction. They might have dashboard cam video showing the driver weaving around while driving or doing poorly on field sobriety tests. It would also be argued in court that the driver refused a breathalyzer because they knew what the results would be.