Marshawn Lynch DUI Update (Nothing to Worry about Yet)

[Basis4day]

There is a hearing on May 22 with two issues on calendar.

1. Motion to suppress evidence by Lynch's Atty.
2. Motion to dismiss by Lynch's Atty

NO TRIAL DATE HAS BEEN SET.

Do not expect any league discipline until conclusion of case, either by dismissal or verdict.

(Greetings from Alameda County BTW)

Do not be surprised by the length of time this has gone on. California courts are extremely backed up to to he current economic climate.

 

[SmokinHawk]

Lynch's attorney must be contesting the way the evidence was collected by his motion to suppress. If successful, the case will probably be dismissed.

 

[Basis4day]

Lynch's attorney must be contesting the way the evidence was collected by his motion to suppress. If successful, the case will probably be dismissed.

Pretty much yes. There is only so much evidence in a DUI case. (Officer observation/statements), breathalyzer, blood test)

Oh, i should add. Even if a trial date is set, there is no guarantee that the trial will commence on that day. Like i said the courts are backed up. If no Court space is available that day, the case will be delayed.

 

[Subzero717]

Lynch's attorney must be contesting the way the evidence was collected by his motion to suppress. If successful, the case will probably be dismissed.

Pretty much yes. There is only so much evidence in a DUI case. (Officer observation/statements), breathalyzer, blood test)

Oh, i should add. Even if a trial date is set, there is no guarantee that the trial will commence on that day. Like i said the courts are backed up. If no Court space is available that day, the case will be delayed.

Gotta love Cali!!!!!

 

[ivotuk]

I wonder where he stands with his "right to a fair and speedy trial?" If they go beyond a certain time limit the case will be dismissed. I believe it takes in to account motions that are submitted.

 

[Laloosh]

Aren't they just handing out "yellow cards" for DUI in Cali now? If the officer remembers you from a prior stop, you get the "red card" which involves a visit to the tank?

 

[FlyingGreg]

We have a good track record for evidentiary issues killing pending legal doom.

"U mad, Bro?"

 

[Blitzer88]

Hope it gets dismissed.

 

[Basis4day]

I wonder where he stands with his "right to a fair and speedy trial?" If they go beyond a certain time limit the case will be dismissed. I believe it takes in to account motions that are submitted.

I believe he waived that right already. Really wouldn't matter. Speedy in California can be 5 years these days.

 

[Basis4day]

Hope it gets dismissed.

Here's the thing about that. If it is dismissed, that opens the door to NFL discipline. It is the habit of the NFL to wait until the conclusion of criminal matters before handing out internal discipline.

 

[woodstockme]

http://blog.thenewstribune.com/seahawks ... -dui-case/

jury trial is set for June 22

 

[hawkfan333]

so courts are backed up in california yet sac of crap town can put together 250 million dollars for a stadium? lol i know not the place but had to say it

 

[Basis4day]

http://blog.thenewstribune.com/seahawks/2013/05/01/an-update-on-marshawn-lynchs-dui-case/

jury trial is set for June 22

They quote a DA, so i'll trust that date.

so courts are backed up in california yet sac of crap town can put together 250 million dollars for a stadium? lol i know not the place but had to say it

Cases are still going through, but it's a matter of preference. A plaintiff with 3 months to live in a personal injury case is going to get heard before a wrongful death matter. The Sacramento city counsel sets their own agenda, but libraries are only open two days a week. But you're right, anything else can be said in the politics forum.

 

[Basis4day]

Update.

Motion to suppress hearing continued to July 5. No new court date set.

http://blog.thenewstribune.com/seahawks ... to-july-5/

 

[SmokinHawk]

Marshawn must have a case here as I would imagine his attorney's motion to suppress would have been dismissed with gusto had there been no merit to it. They are scheduling another court date to consider it at greater length. Very interesting.

 

[RichNhansom]

Drenick also said that no court date has been set.

Read more here: http://blog.thenewstribune.com/seahawks ... rylink=cpy

 

[jammerhawk]

The case against Lynch from the viewpoint of a DUI lawyer is not that strong a case as his lowest reading is not above 80 milligrams of alcohol in 100 mls of blood. The symptoms of alleged impairment are not that significant although his actual driving was not all that good. he could just be a lousy driver though if his escapades with game carts is any indication of his driving skills.

As Smokin has said above there is something to the the need for the continuation of the motions to suppress/dismiss to early July as if there was little merit to motions the case would have been quickly moved along.

 

[Clayfighter]

so courts are backed up in california yet sac of crap town can put together 250 million dollars for a stadium? lol i know not the place but had to say it

Hate the government. Not the City. I live here and get the crap taxed out of me. CA is governed by monkeys. Also, the Mayor of Sac is a former Bball player so...

 

[Basis4day]

The case against Lynch from the viewpoint of a DUI lawyer is not that strong a case as his lowest reading is not above 80 milligrams of alcohol in 100 mls of blood. The symptoms of alleged impairment are not that significant although his actual driving was not all that good. he could just be a lousy driver though if his escapades with game carts is any indication of his driving skills.

As Smokin has said above there is something to the the need for the continuation of the motions to suppress/dismiss to early July as if there was little merit to motions the case would have been quickly moved along.

I wouldn't immediately jump to that conclusion. Nothing moves quickly through the California courts and continuations like these happen all the time with or w/out merit. It can be as simple as a scheduling conflict with the courtroom.

 

[Casper]

It's more rare for these continuances to not happen. Everything that is going on is very standard. Almost every defense attorney files the exact same motion to suppress on every DUI case they represent. I don't know Lynch's prior DUI history, but this sounds like its on track for some kind of deferred agreement for a dismissal or amended to lesser charge to be agreed on while his attorney and prosecutor work something out outside of court. That's the impression I get from all the DUI's I've seen come and go through my courtroom.