Monday, July 2, 2012

DUI charges dismissed against former KU/ Former Pro Football player.

It looks like the Douglas County District Attorney dismissed the DUI charge against former KU football player and Pro Football player Elvis Patterson.  It turns out that after reviewing the tape of the DUI case shot by the officer's dash cam and in light of the defendant's medical condition the Prosecutors determined that there was not enough evidence to pursue a conviction.  It just goes to show you that you don't have to be drunk to fail a field sobriety test.  Like any physical test there are many different factors that  can contribute to a negative response to a directive by an officer.  These tests are very subjective and we always recommend that anyone that is pulled over by the police and suspected of a DUI to refuse the field sobriety tests.  You are not required to take them so don't give the police anymore evidence against you.

Here is the article that this post was derived from.

Prosecutors dismiss DUI charge against former KU, Pro Football Player
By Chad Diepenbrock

Douglas County prosecutors Thursday dismissed a DUI charge against former Kansas University and NFL football player Elvis Patterson related to a June 4, 2011, traffic stop east of Lawrence. Patterson, 51, Lenexa, pleaded guilty two traffic infractions, refusing a preliminary breath test and speeding for going 12 mph over the limit on Kansas Highway 10. District Judge Michael Malone ordered Patterson to pay $260 in fines and court costs.

Assistant District Attorney Greg Benefiel said prosecutors agreed to dismiss the DUI count after reviewing a video of the stop. Patterson had communicated to Douglas County Sheriff’s officers he had a medical condition that affected his ability to perform field sobriety tests, the prosecutor said. “We determined that the case could not be proven beyond a reasonable doubt,” Benefiel said. Patterson’s attorney John Ivan earlier this year filed a civil petition contending Patterson told officers he had a medical condition and a disability that made it “impossible for him to perform the balance and coordination tests.” Ivan also wrote in the petition a patrol car video recorded only officers at the scene and not Patterson. Patterson was a KU defensive back from 1981 to 1983 and won Super Bowls as a member of the 1986 New York Giants and 1993 Dallas Cowboys.

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