Seahawks Insider

Marshawn Lynch DUI case continued to July 5

Post by Eric Williams on May 22, 2013 at 11:40 am with 48 Comments »
May 22, 2013 11:40 am

Seattle Seahawks running back Marshawn Lynch had a court date this morning for a motion to suppress evidence in Alameda County District Court, stemming from charges filed against him for driving under the influence of alcohol in July of last year.

According to Teresa Drenick, assistant district attorney for the Alameda County District Attorney’s office, the motion to suppress was continued to July 5.

Drenick also said that no court date has been set.

Lynch, 26, was arrested by the California Highway Patrol early Saturday morning on July 14 when a police officer observed him driving north on Interstate 880 in Oakland, weaving in and out of lanes in a white Ford van, and nearly colliding with two cars.

After failing a preliminary sobriety test, Lynch was taken into custody and transported to the Alameda County Sheriff department’s north county jail in Oakland. Lynch submitted to a breathalyzer test, and the test came back positive that his blood alcohol content level was over the state’s legal limit of 0.08.

The Alameda County District Attorney’s office filed charges against Lynch for driving under the influence of alcohol on Wednesday, July 18.

Lynch pled not guilty to charges of allegedly driving under the influence of alcohol in Alameda County Superior Court last August.

Lynch was a no-show on the first day of organized team activities for Seattle this week. However, the Cal product did attend the start of Phase II of the Seahawks’ offseason training program two weeks ago, and head coach Pete Carroll said he looked in shape and ready to go.

“This is voluntary,” Carroll said. “That’s what the rules and guidelines are all set up to be. Chris Clemons is rehabbing and he is not here and Marshawn is not here. We miss him and we’d like him to be here. This is a lot of fun and there is a lot of good stuff happening here.

“He’s in very good shape, he came in ten days ago and he’s in very good shape. He’s working in a very intense program in his area and he’s benefitting from it. We’d love to see everyone here.”

Categories:
Legal system
Leave a comment Comments → 48
  1. OK, blog lawyers interpret that for us please.

  2. motion to suppress evidence means his side is asking the court to disregard or throw out some of the evidence gathered during his DUI stop (or thereafter) because it was improperly obtained. can’t really say more about the strength of their argument without knowing the basis for it. it is likely that if the motion was successful (and I should note that very few of them are), that the DUI case would be much more difficult, if not impossible, to prosecute.

  3. blueahq – We want him here. He should be here. He’s not here. He’s great so he doesn’t have to follow the rules like we’d hoped everyone would. {think: why can’t everyone care as much as ET or Wilson?}

  4. Dukeshire says:

    Well in fairness, he had to be in California this morning, so it’s not like he had nothing to do. But of course we all want a core player to be with the team. Lynch is “All In”, so I don’t think there’s anything to sweat.

    At this point, I’d be very surprised if he didn’t have this reduced to negligent driving, considering how long this has been dragging out.

  5. Unless he gets the evidence tossed out, I think he’s gonna get busted–as he should. Unless the cop was lying, swerving and nearly hitting a couple cars is a classic example of why DUI is such a problem.

    Of course, he’s got an expensive lawyer, so perhaps the court will give him a lesser charge.

    I like Lynch, and I want him to play every game, but I dont like how celebrities and other wealthy folks get away with DUI and other crimes far more often than regular folks. But thats the “justice system” in this country–you pay for justice, or you dont get it.

  6. sluggo42 says:

    If he gets convicted, does the nfl have any penalties that they impose upon the player, like suspension? Or, can they only impose those for failing drug tests?

  7. I believe for DUI the first offense puts them in the system, 2nd offense is 4 games, 3rd one year.

    I could be totally off on that portion – there are others that know more but I seem to remember that is what was posted by someone – maybe Chuck, but I am not sure

  8. SkeleTony says:

    Freaking idiot. I am all for second chances but if this happens again CUT HIM! I know he is a great RB but we have a few guys who can fill that hole, presumably without throwing the team under the bus. Why didn’t Marshawn just plead guilty and get his punishment out of the way early?! Now he may miss games due to suspension during the year in which we have a great chance to get to the super bowl.

  9. SideWalkHawk says:

    Remember what Jerry Jones said, “If a guy on special teams falls asleep in a team meeting, I’ll cut him that day. If Emmit Smith falls asleep in a meeting I’ll get him pillow”.

    Shaun’s lookin good with this one. Is the double standard justified? Well, he’s a good teammate in the locker room. The guy gives you runs like the beast quake. The way of the world.

  10. SideWalkHawk – I think that’s a Jimmy Johnson story, but I hear your point.

    Not much reason for Marshawn to be in Seattle in May. If he’s working out at a pro facility and he shows up in shape in July, its all good. What are they going to teach him in May?

    A bigger concern to me is Christine Michael sitting and watching practice with ice bags on his hamstrings. He’s not going make the team like that.

  11. Southendzone says:

    His lawyers are going Beast Mode on that evidence they want to suppress. It’s like the Beastquake run, but his lawyer is stiff-arming the breathalyzer results instead of the N.O. Safety.

    I’ve already got a Hawks #24 jersey ready with Lynch’s attorney’s name on the back in the case he beats this charge.

  12. sluggo42 says:

    Agreed Stevos, Ware is stealing looks right now for sure, but I think Cristin will be fine. As the Hawks first pick, he will make the cut for sure. I think the Turbinator has the sweatiest brow right now…

  13. chuck_easton says:

    pdway is correct. Lynch’s attorneys have brought a motion to supress certain evidence relating to the DUI. If his lawyers are successful it will be much more difficult (but not impossible) for the DA to get a conviction.

    The fact that the motion itself is set over to another day means that one side or the other has peaked the Judge’s interest. It is likely the Judge has requested further information, Case Law, or argument as to why the evidence in question should/should not be left in.

    So, the fact that there has been a new day set is a good sign for Lynch. A strong enough argument was raised to give the Judge a reason to want to hear/read more.

  14. DanielleMND says:

    “Why didn’t Marshawn just plead guilty and get his punishment out of the way early?!”

    Why didn’t Richard Sherman just take his suspension and get it over with?

  15. Answer to Danielle: They’re competitors?

  16. RenegadePM says:

    The continuation literally means nothing. It can be that the DA didn’t have their case ready, a witness was unavailable, or even just that the court didn’t have a space available for the sides to argue their motions (source: I worked for Legal Aid Society in NYC for a year). The motion to suppress evidence is likely arguing that the pulling over was invalid and therefore all fruits of that pulling over are unable to be used in court. This would likely be an argument that an officer never saw Lynch doing anything wrong, and that a phone call from an anonymous tipster is inadequate to establish probable cause to pull someone over.

    Regarding people who are on a stupid tirade about DUI cases, Lynch blew a .08 (right at the legal limit) an hour after his arrest. The attorney’s argument, a perfectly logical argument, is that Lynch had been drinking before and was driving (I believe it was approximately 8pm). Therefore, when he was pulled over, his BAC was under .08 and ROSE to .08 in the hour between. Therefore, when the arrest was made, Lynch was not over the legal limit, because the alcohol was still entering his system, and even then he was only at the legal limit. The case will probably be dismissed, or possibly reduced to a speeding ticket with payment of retribution to the damaged vehicles.

    Get off your high horses unless you can honestly say you have never consumed 2 drinks and then driven home. 2 drinks will put you at .08. There is no case of celebrity favoritism, this is a perfectly legitimate case and should be fought.

  17. pelanderjj says:

    If I’m not mistaken Lynch was suspended once before in Buffalo for weapons? I think he is already in the NFL’s “system”

  18. chrisj122 says:

    If Lynch’s attorney even thinks he’s got 50/50 chance of getting the case dismissed or the charge reduced, then he’s got to let ride out and see out becomes of it.

  19. chrisj122 says:

    wow, I sound like the drunk one!

    “He’s got to let it ride out and see what becomes of it.”
    or just fight the darn thing!

  20. SEAHAWKS INSIDER
    Where the offseason is well, scary.

  21. kurtthekraut says:

    Well put renegade. This case will almost certainly be dropped. Once renegade refreshed my memory I am now convinced of this. He tested 0.08 an hour after the initial stop and arrest. Alcohol takes a while and steadily increases in the body over a particular window of time. He just left a drinking establishment before getting popped so the argument can be clearly made that at the time he was stopped, he could not have driving his vehicle while over or at the 0.08 mark. Wouldnt take a celebrity to get off on this one.

  22. kurtthekraut says:

    *been – sorry should have proof-read prior to post.

  23. OregonHawk says:

    I thought in Buffalo it was hitting a pedestrian and running away from the scene

  24. sluggo42 says:

    Lol Stevo…

  25. raymaines says:

    but the pedestrian was wearing a Jets jersey, who could blame Lynch for that? It’s just what he does.

  26. I think everyone has to do what’s best for them – in this case, as much as I would love the Beast here – it is in his best interest to be where he is at, right now.

    We will find out what happens in due time. – if he is found guilty I think we will know his NFL fate very quickly

  27. OregonHawk says:

    In 2008, Lynch pled guilty to a hit-and-run accident in Buffalo where he struck a person with his vehicle. In 2009, he pled guilty to a gun charge in Los Angeles. That second run-in with the law earned him a three-game suspension by NFL commissioner Roger Goodell. If the past gives us any indication, Lynch will be facing a much larger suspension this time.
    http://www.buffalorumblings.com/2012/7/17/3164531/marshawn-lynch-arrested-buffalo-bills-trade

  28. sluggo42 says:

    Well crap Oregon, maybe this is why we took Christine with our first pick…

  29. OregonHawk says:

    Love what Lynch can do on the field tho!!

  30. Hoping the CM will not be on the sidelines very much if ML has to miss time.!

  31. I believe the case will eventually be reduced to a plea bargain and the result will be, all charges will be dropped.It appears every time a sports figure,entertainer,politician,ect.is charged with any crime,nothing is done except the charges are almost always wind up being dropped.If an ordinary citizen is arrested on the same charge,it seems the results would be quite different than what happens to the more priviledged.

  32. Dukeshire says:

    Even if Lynch is convicted to a DUI, it’s unlikely he’ll face any suspension.

  33. princeaden says:

    Duke, How do you figure that he wouldn’t face a suspension ?

  34. bbnate420 says:

    OregonHawk, the DUI charge is under the substance abuse program. The gun charge was not. He was suspended for conduct detrimental to the league I believe. It has been collectively bargained that there is a different procedure in drug cases. It’s debatable whether or not he would even be up for suspension if he plead guilty to a full blown DUI, which really doesn’t seem likely right now.

    BobbyK, these OTAs are VOLUNTARY, so how exactly is Lynch not following the rules?

  35. hawkfaninoklahoma says:

    nate, it is an unspoken rule on this team.” if you are healthy you are here.”

  36. Dukeshire says:

    Prince- Because I believe the league will see this as a substance issue rather than a conduct, for which he has no history.

    And again, Im willing to bet he pleads to reckless, or some such. Still no trial date? It’s been almost a year. Historically when things drag on and on like this it benefits the defendant, or so it seems.

  37. bbnate420 says:

    hawkfan, I hadn’t read that. Lynch certainly had a legitimate reason to be gone yesterday since it was voluntary, eh?

    Duke, I’d guess he pleads to reckless or negligent at worst. In Washington negligent driving is a lesser charge than reckless driving, and I believe there are at least 2 different negligent charges that exist. It’s not the same way in other states as I understand it, so I’m not sure exactly what there is below DUI for him to plead to in California. I do believe you’re right that the longer the trial gets put off, the better it is for the defendant generally. And he got a continuance on a motion to suppress. I would trust Chuck that it means that the judge could likely be looking over the evidence. If he got a continuance on a pretrial hearing then I believe it would be more likely that the lawyers wanted more time to negotiate. That’s what happened in my case, before they finally decided to drop the charges.

  38. princeaden says:

    That makes sense.

  39. This will be Lynch’s fourth run-in with the law, the third likely alcohol-related offense, unless I am greatly mistaken.

    Believe what you want, it would appear extremely likely that Lynch was drinking the night he hit the pedestrian, then hid from cops for over a month before finally admitting he was the driver. Or maybe he was out late drinking juice and eating cake. Bottom line, even if he wasnt drinking, he hit a pedestrian and lied about it and tried to hide for over a month.

    He was busted for DUI once already in Seattle, no? SO this is his second.

    Even if he gets the charges reduced, I cannot see how his behavior can be construed as anything other than a pattern of poor decision-making.

    I am a big fan of Lynch, he is a great player and a genuine personality, but he really needs to grow up. I sincerely hope this is his last brush with the law. Seattle needs him, and I would love to see him prove the columnist in Buffalo wrong, the guy who dubbed him Moron Lynch.

  40. Dukeshire says:

    Are you presuming he had been drinking during the pedestrian incident or do we know that? Presumption won’t get him suspended.

  41. bbnate420 says:

    STTBM, NO. I have never seen anything about him getting a DUI in Seattle. You certainly can link something if you find it. I never have.

    And there is no definitive evidence that he even drank at all, much less that he was anywhere close to the limit when he supposedly hit the pedestrian. Believe what you want, but the evidence is lacking in this case. It was disposed as a traffic infraction. That doesn’t happen 99% of the time in hit and run cases where they have any substantial evidence.

  42. Dukeshire says:

    Wait, No. He doesn’t have a DUI in Seattle. The one from last July in California is his first.

  43. bbnate420 says:

    STTBM, that’s why I have called you out on your denouncements of Lynch. You certainly can think what you want about him, but get the facts right.

  44. sincere says:

    If in fact he was innocent or guilty of a DUI,I think it would have been a lot cheaper for him to have pled guilty,paid the fine and got on with his life.Seems to be more to this story than what we are reading.

  45. Ok, so this is Lynch’s first DUI arrest while a Seahawk? Then I stand corrected. I thought the one in Cali was his second DUI arrest while a Hawk.

    As for his pedestrian incident, he ran home and hid from the cops for a MONTH! If anyone but a star did this, they would have sent the cops to drag them in for questioning. There was no evidence after a month that Lynch was drinking–how could there be? But IMO, its a reasonable assumption that he was in fact drinking, and that was part of why he ran and hid. It seems logical to me, if not to some others.

    I realize he could not be proven in a court of law to have been drinking during the pedestrian accident–he was smart to run. However, IMO, he should have been nailed for hit and run. The rules requiring you to stay at the scene of an accident are there for a reason, and apply even if the person hit is not seriously injured, for obvious reasons.

  46. RenegadePM says:

    sincere, clearly you have no concept of criminal law. A DUI is not just paying a fine and moving on. It is a criminal conviction of a misdemeanor, typically comes with probation (which would require Lynch to return to California at least once a month to check in and for drug/alcohol urine screenings, thus very much disrupting his ability to be with the team), fines, probation fees, and classes that by the end equal ten thousand dollars or more. This isn’t a speeding ticket. It is downright stupid to think it’s smart to plead guilty to something he seemingly didn’t do. It’s not smart to ever plead guilty to a DUI the first court appearance. ANY defendant should stretch the time out as long as possible, as the longer it is stretched the more charges are reduced and the less it will damage your future.

  47. DarthVader says:

    “a police officer observed him driving north on Interstate 880 in Oakland, weaving in and out of lanes in a white Ford van, and nearly colliding with two cars.” Hey this is what this guy does for a living! The point is he went right past them and didn’t even have to blow them away. And he gets a ticket??!! I think it is very clear what is going on here. Upon recognizing Marshan as a Seahawk, the officer obviously thought he could take out a rival NFL player. These guys in Okland have long memories of when we were AFC West rivals. Even though Oakland will never see the Seahawks in the playoffs for many years, the officer spitefully issued a ticket on flimsy test results. I think the defense should simply move for a change of venue — to get a trial in front of fair minded people. Like maybe in Seattle.

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