Seahawks Insider

Lynch pleads not guilty to DUI charge

Post by Eric Williams on July 26, 2012 at 10:11 am with 20 Comments »
July 26, 2012 10:11 am

Ivan Golde, attorney for Marshawn Lynch, said that his client pled not guilty to charges of driving under the influence of alcohol in the Alameda County District Courthouse on Wednesday.

Golde moved Lynch’s arraignment date up from August 14 to Wednesday. Lynch was not required to appear in court, and Golde appeared in court for his client.

According to Golde, a status hearing for the case has been scheduled for September 27.

“We’re going to completely prove his innocence, no doubt about it,” Golde said. “It’s going to take some time to get all of the facts unraveled and do all of the investigation.

“This will not interfere with football in anyway. This is an after-the-season issue.”

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.

According to Golde, Lynch’s blood-alcohol content was measured at 0.08, right on the number of the California legal limit, during a preliminary alcohol screening test. Golde said the police officer at the scene administered a breathalyzer test.

Golde said Lynch was retested at the jail about an hour later. He took another breathalyzer test there, and his blood-alcohol content was measured at 0.10. Golde said he will argue the fact that Lynch’s blood-alcohol content level rose after the arrest, showing that it was not above the legal limit while he was driving.

Categories:
Legal system
Leave a comment Comments → 20
  1. Dukeshire says:

    “We’re going to completely prove his innocence, no doubt about it,” Golde said. “It’s going to take some time to get all of the facts unraveled and do all of the investigation.

    “This will not interfere with football in anyway. This is an after-the-season issue.”

    Well, I would love to see that. Here’s hoping…

  2. chuck_easton says:

    The criminal charge will take up to a year to come to trial. The question is will the league wait or administer punishment now?

  3. dirtbiker_joey says:

    I knew he he was innocent all along. This is just a big misunderstanding.

  4. RDPoulsbo says:

    I highly doubt the league will administer any punishment for a DUI before a final verdict. If would be one thing if he were charged with a felony, but this is a misdemeanor. If he ultimately is found to be not guilty, the league would have some real problems with the players association.

  5. Ewalters7354 says:

    Agreed.I don’t believe the league will take any actions without the case being settled.Great news!

  6. There’s a Players Association? I thought it was dismantled after Gene Upshaw unfortunately passed. Right now I’m more interested in Braylon Edwards trying out for the Hawks than hearing about Lynch, or the QB battles at least till 7/28.

  7. hawkdawg says:

    The league expressly reserves the right to punish behavior it believes is inappropriate, regardless of criminality. Big Ben got hammered and wasn’t even charged, as I recall.

    That said, I think it is likely the League holds off on this one until resolution.

  8. So, if I down a couple of drinks, I’m OK to drive as long as I do it quickly enough?

    I like Lynch, his attitude, and character, but wow…that defense is going to make Mr. Commish go easy with a subjective judgment?

  9. Eric,

    Come on, will you please say that Lynch is alleged to have been weaving and alleged to have almost hit two cars? You are reporting the Police Officer’s comments as though it is the gospel truth (which I highly suspect is not the case). All you have to do is insert the word “allegedly in the following sentence:

    “Lynch, 26, was arrested by the California Highway Patrol early Saturday morning on July 14 when a police officer ALLEDGEDLY 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.”

    You have no personal information on what this police officer “observed” and Lynch remains innocent until proven guilty.

    Thanks!

  10. Eric phrased it correctly.

  11. RDPoulsbo says:

    Roethlisberger was also accused of a Class 3 felony, not a misdemeanor. Big difference.

  12. If Lynch were a 49er he’d be guilty and we’d all want him suspended for 193 years. Since he’s a Seahawk he’s a poor, innocent victim. I’m sure the truth is somewhere in between.

  13. Well said, BobbyK.

  14. bbnate420 says:

    sam1313, I have vacillated on the same thing. It’s a matter of semantics. Eric does state that the officer “observed” Lynch’s actions. That connotes that it is the officer’s subjective opinion and not a fact. That said, might be a little more clear if alleged was inserted somewhere in the description and, I personally would.

    Gusset: Yes, it is illegal to drive while your breathalyzer reading is over .08, though the portable ones have a .01-.02 margin of error even if maintained properly. So yes, that means that you could “down a couple of drinks” and be okay to drive if you do it quickly enough. Though for the vast majority of people it would take more than a couple of drinks. The average 160 pound male will reach .08 after drinking 5-6 drinks in an hour. That’s from the literature the police themselves hand out. A 160 pound woman would need a little less because they generally have a higher percentage of body fat and therefore a lower proportion of their body is made up of water. The alcohol is less diluted. So you could down 10 drinks in 15 minutes theoretically and drive home while being under .08, depends how long it took to drive home. It takes time for the alcohol to move from your GI tract to your blood. All that matters, legally, is whether they can prove that your BAC or breathalyzer reading was .08 or over WHILE you are operating your vehicle. So whether or not you can “down a couple of drinks” as long as you drink home quickly enough is not subjective. Unless you want to make the epistemological argument that everything is subjective. ;-)

  15. bbnate420 says:

    “Vast majority” is probably an exaggeration but, I believe that the majority of of adults 21 or over in America are 160 pounds or over.

    I highly doubt that the League will attempt any punishment for Lynch before the case has been disposed. Especially because it is questionable whether or not they could suspend him even if he plead guilty of DUI. The difference between this and Roethlisberger or Adam Jones is not necessarily the difference between misdemeanor and felony. The difference is that DUI and substance abuse issues have been collectively bargained to be dealt with separately from the rest of the league personal conduct policy. Alleged rape or “making it rain” have not. Goodell could still try to suspend Lynch if convicted of a DUI if he wants to claim aggravating circumstances but, I bet he would deal with a legal fight from the NFLPA.

  16. bbnate420 says:

    *drive home

    BTW, by drink I mean the definition that the police use. A drink is a 12 ounce beer, 5 ounce glass of wine, or 1.5 ounces of hard liquor. I believe that is assuming that the beer is 5.5 %, the wine 13 %, and the hard liquor 40 % alcohol. So you wouldn’t be okay after 5-6 drinks of Long Island Iced Tea in pint glasses in an hour most likely.

  17. Hammajamma says:

    Nothing at all ironic about a cold one appearing in the ad window on this post…

  18. bbnate420 says:

    Guess people are tired of this?

  19. Dukeshire says:

    Very…

  20. Definitely. Let it play out. He has pleaded not guilty and according to the law, you are innocent until proven guilty. Let the games begin!

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