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 Post subject: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 1:51 pm 
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"Marshawn Lynch's court date on a motion to suppress evidence from his 2012 DUI arrest was continued on Friday to November 1."

http://www.rotoworld.com/player/nfl/4186

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 1:55 pm 
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Yeah, like you knew that wasn't going to happen. It's doubtful it even sees the light of day given the court has far better things to be dealing with.

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:03 pm 
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But the violation happened in Northern California, wouldnt the courts want to get things moving to help the niners?


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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:06 pm 
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Earliest court date is late December :)

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:30 pm 
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ivotuk wrote:
Earliest court date is late December :)


I'll drink to that :thirishdrinkers:

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:38 pm 
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But what about the PLAYOFFS?!?!?!

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:41 pm 
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Zebulon Dak wrote:
But what about the PLAYOFFS?!?!?!

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He looks like he's saying "The one that smelt it's the one that dealt it"

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:41 pm 
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I love the California court system.


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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:42 pm 
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Zebulon Dak wrote:
But what about the PLAYOFFS?!?!?!

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Yeah I was thinking the same thing. An argument can be made that this delay makes things worse:

If Lynch is guilty, he would be suspended in the second part of the season instead of the first.

I feel like I'm spitting rhymes like Jermaine Kearse.

Yea, me and my man Pers (Harvin?)

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:42 pm 
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NFL_Football2013 wrote:
But the violation happened in Northern California, wouldnt the courts want to get things moving to help the niners?

This is all happening in niner country, so I have a feeling that there is pro-niner bias involved.

Aldon Smith was arrested for DUI in January 2012. He was measured at *twice* the blood-alcohol limit (Lynch was at the very borderline of the drunk-driving limit, within the margin of error), but Smith got some kind of phony reduced sentence and wasn't suspended for any games. Smith was also stabbed at a party in July of last year. (Then Harbaugh whines about the Seahawks using Adderall?)
.


Last edited by bobk3333 on Fri Jul 05, 2013 2:43 pm, edited 1 time in total.

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:42 pm 
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The article said it would be more likely nothing would be done until 2014 at the eariest. So if anything comes of this it will affect 2014's season not anything connected to 2013 including playoffs. It sounds like he would fight it in any case so it will drag out it seems. I would just go into wait and see mode and not worry until that bridge is crossed.

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:47 pm 
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KCHawkGirl wrote:
The article said it would be more likely nothing would be done until 2014 at the eariest. So if anything comes of this it will affect 2014's season not anything connected to 2013 including playoffs. It sounds like he would fight it in any case so it will drag out it seems. I would just go into wait and see mode and not worry until that bridge is crossed.

It's a phony case and it looks like Lynch has a good lawyer, so I doubt if anything is going to happen to him at all.

Technically, it is still possible for the NFL to suspend him for the Superbowl, but I doubt that they would do that.

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:51 pm 
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bobk3333 wrote:
KCHawkGirl wrote:
The article said it would be more likely nothing would be done until 2014 at the eariest. So if anything comes of this it will affect 2014's season not anything connected to 2013 including playoffs. It sounds like he would fight it in any case so it will drag out it seems. I would just go into wait and see mode and not worry until that bridge is crossed.

It's a phony case and it looks like Lynch has a good lawyer, so I doubt if anything is going to happen to him at all.

Technically, it is still possible for the NFL to suspend him for the Superbowl, but I doubt that they would do that.

That is my thinking, he has a good attorney that will get this thing thrown out.

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Last edited by MizzouHawkGal on Fri Jul 05, 2013 3:00 pm, edited 2 times in total.

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 2:56 pm 
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Good attorneys...


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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 3:44 pm 
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I live here in SoCal, and let me tell you. The California legal system (Police, courts, distric attorneys, parole divison, prison system) is broke, lazy and always looking to get a quick conviction without going to court or a jury trial. They will keep trying to make deals for lesser charges only to rack up conviction numbers and or incarcerate without going to trial. The biggest union besides teachers is prison guard unions. If Lynch keeps fighting it, I can promise you it will be dismissed.


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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 4:03 pm 
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I'm a lawyer licensed in Washington and California, now practicing in CA. Yes the courts here are broke, but I wouldn't count on Marshawn's case being dismissed, especially since we know so little about the facts. The longer I live in CA, the more I miss the law in Washington. The legislature is full-time in CA, and they keep themselves busy writing bad laws.


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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 5:01 pm 
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Well the blessing is at that time of the year to go to court it can get pushed out using the fact that Lynch missing work can adversley effect his potential future and income as well as his teams due to the nature of his employment creating a unreasonable hardship for his coworkers and bosses :)

We just have to hope were not playing the 49ers for conference championship around then.

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 6:21 pm 
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Lynch's case is a very low reading case where the prosecution is depending upon a back calculation of alcohol % in to establish he was over .08. His readings were .08 and .07 taken some time after he was stopped. This delay to trial seems to be likely the beginning of the end of his case which has now been in the system for more than a year now.
He has not been tried within a reasonably prompt time, though what that is in Cal remains a subject of continuing debate. My bet is the prosecution will offer a plea deal to reckless or careless driving to resolve this matter or the case will eventually be dismissed. At some point if the case can't be promptly prosecuted it becomes irrelevant .
I think there is no way this case will get to trial this football season is done if they haven't resolved the pretrial motions.

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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 6:34 pm 
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Jammer, the typical deal for a case like you've described is a "wet reckless," unless the driving was horrendous. If there are priors, it gets more complicated.


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 Post subject: Re: Lynch Court Delay
 Post Posted: Fri Jul 05, 2013 8:12 pm 
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NFL.com said that basically Lynch will not be in danger of any suspension for 2013. The trial will drag out until after this season at least.

This delay is the next best thing to the case being dismissed from a football perspective.

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 Post subject: Re: Lynch Court Delay
 Post Posted: Sat Jul 06, 2013 3:33 am 
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In any case if it is pushed back, it gives the Michaels a chance to get acclimated to the playbook and get some reps for this year. If anything happens Michaels will have a year under his belt.


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 Post subject: Re: Lynch Court Delay
 Post Posted: Sat Jul 06, 2013 9:51 am 
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I don't see how he will be found guilty in this case... He was at the 'legal limit' of 0.08 at the time of the arrest.. If he was at the 'legal limit' how could the police officer arrest Lynch legally? It doesn't matter what Lynch's blood alcohol was an HOUR later at the station... If he was at the legal limit at the time of the arrest it should be found to be False Imprisonment and all charges should/will be dropped.


Ps.

This kinda reminds me of when I was 19yrs old, Me and my friends got a hotel room and some alcohol.. anyway. One of our friends left to go home and he was arrested right outside of the hotel for MIP (minor in possession), and the police (two of them) made our friend knock at the door of our hotel room, I looked through the peephole and saw just our friend so I opened the door and these two police officer grab me and throw me to the wall and cuffed me and then arrested the other guys in the room.. anyway we all got charged for MIP's.... But here's the kicker! since the police didn't knock on the door and announce themselves as police officers it was call an "illegal arrest procedure" in court and all charges were dropped...


Last edited by Johnny on Sat Jul 06, 2013 2:47 pm, edited 1 time in total.

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 Post subject: Re: Lynch Court Delay
 Post Posted: Sat Jul 06, 2013 1:44 pm 
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In CA, just like WA, a DUI can be proved by a .08 BAC or by showing that the driver's ability to drive was "appreciably affected" by consumption of alcohol and/or drugs. The best proof for this is bad driving. It takes about 45 minutes for alcohol to enter the bloodstream. If Marshawn's last drink was more than an hour before his arrest, his BAC would have been higher at the time he was driving than when he was tested.

The questions cops ask during a DUI arrest are intended to commit a driver to his story (how many drinks and time of last drink etc). Best advice for someone who is pulled over is to be polite, have your license and proof of insurance ready, but tell the cop NOTHING. Say that you'd like to speak to your lawyer before answering any questions. Also, decline to take the "field sobriety tests." If you know you are sober (less than .08) offer to take the portable breath test, which is not admissible, but may convince the cop to let you go.


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 Post subject: Re: Lynch Court Delay
 Post Posted: Sat Jul 06, 2013 4:01 pm 
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Good news


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