Schefter: Michael Floyd "expected to face a multigame suspension from the NFL" in the 2017 season

[Richard Camembert]

Opening up a new thread, because if Michael Floyd agrees to a 1 or 2-year contract with New England (assuming he even gets offered one), he will likely not be able to play for even a whole entire season. According to Schefter, the league is awaiting the results of his blood test, and will likely determine a suspension based on the severity of his intoxication.



Between his DUI incident and declining production on the field, this all but diminishes Floyd's chances of receiving any kind of large contract in free agency, especially while this suspension looms over him.

On the flip side, if he remains in New England, he could end up being a nice, 1st round talent on a bargain contract.

I hope Floyd is able to revive his career here...I truly do....but do the Patriots really want to go through another controversy-filled offseason, where a key player on our roster ends up serving a suspension to start the season?

Is this because they want to see if he was actually intoxicated before they do anything?

 

[ctpatsfan77]

That was my first thought as well. Make sure to let everyone know so nobody will sign him, and the Pats get no compensation.

To be fair, it's not like people didn't know that going in. And there are lots of ways around it (e.g., a two-year deal with a big second-year salary).

 

[Gronk]

Floyd refused the breath test, but accepted the blood test.

Thats strange, Why not decline both?

Implied consent laws (meaning, having a driver's license gives the police the right to test your sobriety at any time) usually mean that a refusal to take the test will be treated as a failed test by the courts. So if you can be convicted of DUI either way, might as well take the test. I would imagine he refused the breath test on the scene, and consented to a blood test after being taken into custody. Maybe he thought whatever time had elapsed would lower his BAC to something acceptable (which is possible), maybe he only wanted to take the more accurate blood test, or maybe it was explained to him that he was ****ed either way.

As for the NFL, I don't have a problem with them having a conduct policy and using suspensions as a means of enforcement, but as has been covered many times over the way it's being applied and abused by the commissioner and nfl offices to arbitrarily apply punishments inconsistently means that the players need to take a hard stand about getting more legal clarity about it in CBA negotiations. But they won't.

 

[obgod3]

I highly doubt that he will be suspended for an an entire season. 1-4 games probably and if 4 get half off. I think these guys, even Shefter, speculating is irresponsible reporting.

Lets just wait and see how it plays out, I dont think this news has anything to do with if he plays today or not. He will play this season is my guess.

 

[QuantumMechanic]

So the amount of booze in your body determines the severity/length of suspension? Even if no one got hurt?

That is the dumbest thing I have ever heard.

No, it makes a bunch of sense. All drunkenness is not equal. Someone driving while barely over the limit is much less of a threat to himself and others than someone who is driving completely blotto and can't even remain conscious.

No reason whatsoever to treat the situations identically.

 

[Tony2046]

Floyd should get ahead of them and have Exponent do a test to determine if there's a link between drinking and raising BAC.

He was drinking on a plane so I imagine Atmospheric pressure has to be in play.

 

[1960Pats]

So the amount of booze in your body determines the severity/length of suspension? Even if no one got hurt?

That is the dumbest thing I have ever heard.

You drink. You drive. Penalty . That's it.

Or better yet, base your punishment on what the courts decide.

Why add the layer of complexity? Does the league believe it deters players from getting completely sloshed?

This league needs to get over itself.

It's all a part of keeping the players under the owners' thumbs. I have to also wonder if fines are a way to circumvent the CBA in some way. It must add up to a lot of savings.

And again I ask, how the heck does a player's off field activity open him up to lose his job, while other players are just as guilty but get a pass? With each passing year I hate the NYFL more.

 

[SuperStang83]

I think it's pretty safe for us and the NFL to guess that if Floyd was passed out at the wheel he had a pretty high B/A level.

I'm driving a car right now that was given to me by my BIL and when he had it he fell asleep at a stop sign and coasted through it. He ended up running into a pole on the other side of the intersection. He was stone cold sober. My point is that it is very easy to fall asleep when you are tired. My BIL fell asleep at a stop sign where there is no waiting time as opposed to a street light where you have to sit and wait momentarily. I know a few people that have fallen asleep while driving and I often get drowzy in fact while driving and I don't drink and drive at all.

Obviously I am not saying that Floyd wasn't drinking at all, but I am saying is that we can't assume that he had a "pretty high" BAC. He may have had a very high BAC, but he may also have just been exhausted. I don't trust the NFL's judgement for anything.

 

[patchick]

The way to clearly address the issue, avoid speculative actions and avoid “awarding“ the guilty party would be that any player arrested for DUI is suspended immediately (including no transactions possible and w salary suspended as well).

This has been suggested on this board for cases of domestic/sexual abuse as well -- suspend immediately upon arrest, not waiting for conviction or even assessment of the evidence. At the time I gave the example of Julian Edelman being arrested on an indecent assault charge that turned out to be a totally false shakedown attempt.

I'd like to see justice take its course first. And given the surrounding circumstances that could have contributed to the player falling asleep, considering BAC seems appropriate in judging this incident.

 

[n1997y]

Implied consent laws (meaning, having a driver's license gives the police the right to test your sobriety at any time) usually mean that a refusal to take the test will be treated as a failed test by the courts. So if you can be convicted of DUI either way, might as well take the test. I would imagine he refused the breath test on the scene, and consented to a blood test after being taken into custody. Maybe he thought whatever time had elapsed would lower his BAC to something acceptable (which is possible), maybe he only wanted to take the more accurate blood test, or maybe it was explained to him that he was ****ed either way.

As for the NFL, I don't have a problem with them having a conduct policy and using suspensions as a means of enforcement, but as has been covered many times over the way it's being applied and abused by the commissioner and nfl offices to arbitrarily apply punishments inconsistently means that the players need to take a hard stand about getting more legal clarity about it in CBA negotiations. But they won't.

BINGO! Found this discussion of AZ DUI laws about implied consent:

Arizona law requires you to take a blood, breath, or urine test if you are arrested for a DUI. Arizona’s “implied consent” law says that if you are lawfully arrested by an officer who has reasonable grounds to believe that you have been driving under the influence of alcohol or drugs, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). The test must be given within two hours of when you were driving. The officer who arrests you gets to choose which test you take.

from Arizona DUI: Refusal to Take a Blood, Breath or Urine Test | DrivingLaws.org

 

[n1997y]

The way to clearly address the issue, avoid speculative actions and avoid “awarding“ the guilty party would be that any player arrested for DUI is suspended immediately (including no transactions possible and w salary suspended as well). In this case the full responsibility has to be on the players. There are more and more rich spoiled boys in the business and the problem will be growing. Its not about the league office, its about teams losing their investment and hold of the team (even BB addressed the issue of how difficult it is getting finding talented players that will buy in etc.)

Now it is very possible that Floyd gets the same ring as Blount or Brady. It is completely irrelevant how I feel about it of course (except for me), but I doubt its a good thing for the sport going forward ..

Wrong! Totally wrong. Arrest does not equal guilt. Apart from being a philosophically bad idea it's impractical. "Innocent until proven guilty" may not apply to the NFL but your suggestion would undoubtedly be challenged in court by a player or the union and thrown out on right to work grounds. Rightfully so.

 

[Brady_to_Moss]

If he's on the Pats...probably kicked out of the league

 

[RobertWeathers]

No, it makes a bunch of sense. All drunkenness is not equal. Someone driving while barely over the limit is much less of a threat to himself and others than someone who driving completely blotto and can't even remain conscious.

No reason whatsoever to treat the situations identically.

No, it makes a bunch of sense. All drunkenness is not equal. Someone driving while barely over the limit is much less of a threat to himself and others than someone who driving completely blotto and can't even remain conscious.

No reason whatsoever to treat the situations identically.

There is plenty of reason. We've seen this movie before.

The NFL is incapable of dispensing punishment based on a legal standard or with logic or involving common sense so why bother?

What if AZ says Floyd gets probation or payday fine? Is the NFL going to dole out a 4 game suspension if the legal system views the case to a lesser degree?

Setting up tiers of punishment based on degrees of drunkenness is stupid. It just sets themselves up for further embarrassment.

 

[SEA_Pat]

He'll be suspended for twice the usual punishment for being "generally aware" that this would result in his becoming picked up off waivers by the Patriots.

 

[n1997y]

There is plenty of reason. We've seen this movie before.

The NFL is incapable of dispensing punishment based on a legal standard or with logic or involving common sense so why bother?

What if AZ says Floyd gets probation or payday fine? Is the NFL going to dole out a 4 game suspension if the legal system views the case to a lesser degree?

Setting up tiers of punishment based on degrees of drunkenness is stupid. It just sets themselves up for further embarrassment.

He'll be suspended for twice the usual punishment for being "generally aware" that this would result in his becoming picked up off waivers by the Patriots.

NFL has to have different tiers of punishment, not because of different severity or degrees of drunkenness but because of competitive factors like whether it's NE or NY.

 

[long distance]

This has been suggested on this board for cases of domestic/sexual abuse as well -- suspend immediately upon arrest, not waiting for conviction or even assessment of the evidence. At the time I gave the example of Julian Edelman being arrested on an indecent assault charge that turned out to be a totally false shakedown attempt.

I'd like to see justice take its course first. And given the surrounding circumstances that could have contributed to the player falling asleep, considering BAC seems appropriate in judging this incident.

It was certainly not the right day to bring it up. Our minds should be and are on the game.

Just quickly. The way things stand now there is too much room for speculative actions and arbitrary decisions and it doesn't help anyone (not the league, not the teams, not the fans).

Lets look at it from the teams perspective (and its quite important perspective because without teams there are no professional players and no league).

Its about losing your assets that you invested a lot of money, time, care etc. .. without any insurance possibility or compensation. In this case teams are in a no win situation (and if it stays this way it will get worse down the road):
- If they suspend the player on their own they are paying big money to someone they don't use and that did them and the whole team wrong.
- If they cut a player they lose all their investment in him without compensation .. weakening their strength and enhancing opponent's in the process
- If they keep him and play him they can soon lose the team.

I wonder if people here would be so happy with the situation if it happened here with somebody like Edelman f.e. .. and the Broncos (or Ravens, Steelers, Dolphins etc) took him just before playoffs? They were not too happy about Collins and Pats got compensation plus had control of where he goes.

 

[goheels22002]

Goodell doesn't like anyone who can drink him under the table. Floyd's going to get suspended 4 to 6 games. But that will backfire. How nice will it be to have a receiver of his caliber show up with fresh legs halfway through 2017?

 

[n1997y]

...
- If they suspend the player on their own they are paying big money to someone they don't use and that did them and the whole team wrong.
...

I thought suspensions were without pay. So the teams aren't paying big money to someone they don't have available. There is a second-order effect of some lost effectiveness due to lack of practice etc but it's relatively minor.

 

[obgod3]

Anyone from AZ? From what I understand their DUI always are tough.

 

[supafly]

I highly doubt that he will be suspended for an an entire season. 1-4 games probably and if 4 get half off.

He may not even fall under the repeat offender category since his first one was in college, so it's basically the same as if someone went out and got a DUI, which is a pretty short suspension.

I don't know who put the idea of "an entire season" in your head, but they obviously have zero knowledge of past incidents and punishments. Like you said, it's much more likely that he sees a 2 game penalty. Maybe an initial 3 games that's lessened down to 2.