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Dareus car race trial set for May 19


YoloinOhio

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http://sports.yahoo.com/news/buffalo-bills-dareus-stand-trial-alleged-car-race-162303847--nfl.html?utm_source=twitterfeed&utm_medium=twitter

 

HAMBURG, N.Y. (AP) -- Buffalo Bills defensive tackle Marcell Dareus will stand trial for reckless endangerment nearly a year after he crashed his car into a tree during an alleged race with a teammate.

Edited by YoloinOhio
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What I find interesting is that Dareus' attorney turned down a reckless driving plea offered up by the DA. Wonder what their angle is? Could there be some difficulty on the state side with proof of drag racing?

Edited by eball
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What I find interesting is that Dareus' attorney turned down a reckless driving plea offered up by the DA. Wonder what their angle is? Could there be some difficulty on the state side with proof of drag racing?

 

 

§ 1212. Reckless driving. Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.
His attorney apparently wasn't willing to concede a criminal record without going to court. However IMO this case will be straightforward to prove in court. They have plenty of unbiased witnesses to the event. Being convicted of a crime will almost certainly result in a suspension, which is why the attorney isn't willing to concede that. The cost to take this to trial is probably substantially less than one of Marcell's game checks.
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His attorney apparently wasn't willing to concede a criminal record without going to court. However IMO this case will be straightforward to prove in court. They have plenty of unbiased witnesses to the event. Being convicted of a crime will almost certainly result in a suspension, which is why the attorney isn't willing to concede that. The cost to take this to trial is probably substantially less than one of Marcell's game checks.

 

Don, any plea necessarily involves conviction of a "crime" -- but even reckless driving is a traffic misdemeanor that is pretty inconsequential. I'm finding it hard to believe they'd turn down that plea unless they actually think they can win at trial.

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Don, any plea necessarily involves conviction of a "crime" -- but even reckless driving is a traffic misdemeanor that is pretty inconsequential. I'm finding it hard to believe they'd turn down that plea unless they actually think they can win at trial.

I don't believe that's how it works most of the time. Generally speaking, when someone hires an attorney to fight traffic-related charges, they're trying to get the criminal charges reduced to violations, so there's no permanent criminal record.

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I don't believe that's how it works most of the time. Generally speaking, when someone hires an attorney to fight traffic-related charges, they're trying to get the criminal charges reduced to violations, so there's no permanent criminal record.

 

This isn't a speeding ticket.

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I'm betting no suspension. He complied with the law for his drug arrest (for a drug that isn't banned by the NFL) and this will be a traffic ticket.

You are being too optimistic with Dareus's probable league suspension (at least two games if not four) when his current legal issue is completed. From the league perspective the most damaging aspect of his driving foolishness is not his reckless driving incident viewed as an isolated incident but seeing that it followed shortly after his first brush with the law.

 

The facts of the driving case are indisputable. There is nothing mitigating about his actions. The prosecutor is not going to give up his position of strength when he has no reason to do so. Dareus drove in a dangerous manner in an urban setting in the middle of the day. Dareus is going to face the consequences of the legal system (relatively minor) and then face the discipline meted out by the league which will be more costly. In the end he will get what he deserves.

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If it can be proven that he won the drag race, can he get the charges reduced to style points?

 

Also, if there any chance that the other driver was an Asian man with a Howard Cosell voice, that should be grounds for dismissal.

 

I want my $2.00....

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You are being too optimistic with Dareus's probable league suspension (at least two games if not four) when his current legal issue is completed. From the league perspective the most damaging aspect of his driving foolishness is not his reckless driving incident viewed as an isolated incident but seeing that it followed shortly after his first brush with the law.

 

The facts of the driving case are indisputable. There is nothing mitigating about his actions. The prosecutor is not going to give up his position of strength when he has no reason to do so. Dareus drove in a dangerous manner in an urban setting in the middle of the day. Dareus is going to face the consequences of the legal system (relatively minor) and then face the discipline meted out by the league which will be more costly. In the end he will get what he deserves.

We'll see. Anything is possible with this Commish. But the timing has little to do with anything.

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We'll see. Anything is possible with this Commish. But the timing has little to do with anything.

I respectfully but strenuously disagree with you. Timing has a lot to do in the way that Roger G considers this matter. A first time transgressor is not going to be handled with as much severity as a person he has already recently spoken to. If I had to guess the reckless Dareus is facing a 2-4 game suspension. That's some serious coin.

 

In the not too distant future Dareus is going to learn that behaving in a manner that jeopardizes the safety of the public does have consequences.

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I respectfully but strenuously disagree with you. Timing has a lot to do in the way that Roger G considers this matter. A first time transgressor is not going to be handled with as much severity as a person he has already recently spoken to. If I had to guess the reckless Dareus is facing a 2-4 game suspension. That's some serious coin.

 

In the not too distant future Dareus is going to learn that behaving in a manner that jeopardizes the safety of the public does have consequences.

Sorry, I meant to say that for a repeat offender, timing means little. But you bring up an interesting point. If Sir Roger has a sit down with a player and then he gets into trouble again, I agree he'll likely be suspended. Did Marcell have a sit down with Sir Roger at any time, much less after the spice incident and before the car crash? If not, by your admission, a suspension should be less likely, again since Marcell complied with the court regarding the spice case, while this should be settled as a traffic ticket.

Roger has proved time and again, however, that he does what he wants when he wants.

Yep.

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Sorry, I meant to say that for a repeat offender, timing means little. But you bring up an interesting point. If Sir Roger has a sit down with a player and then he gets into trouble again, I agree he'll likely be suspended. Did Marcell have a sit down with Sir Roger at any time, much less after the spice incident and before the car crash? If not, by your admission, a suspension should be less likely, again since Marcell complied with the court regarding the spice case, while this should be settled as a traffic ticket.

Yep.

You don't understand my position. I'm very confident that Dareus is going to be suspended by the league. Whether Marcell complied with the court regarding the spice case I can't say because I don't know what the terms of the case were. What is known is that he got in trouble again after a first ciminal justice issue.

 

As far as being officially being notified by the league for his first criminal infraaction I can't say for sure. I suspect it did one way or the other. Whaley did acknowledge that the organization did have a "consultation" with him over his aberrant behavior. It was made clear what was expected of him. Obviously it didn't make much an an impact with him.

 

 

again since Marcell complied with the court regarding the spice case, while this should be settled as a traffic ticket.[/b]

 

You are underestimating the degree of punishment. He is going to have his license suspended from 6 mos to a year. And then a suspension of 2 to 4 games will follow from the punishment coming from the league. Trust me his reckless behavior is going to be costly.

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You don't understand my position. I'm very confident that Dareus is going to be suspended by the league. Whether Marcell complied with the court regarding the spice case I can't say because I don't know what the terms of the case were. What is known is that he got in trouble again after a first ciminal justice issue.

 

As far as being officially being notified by the league for his first criminal infraaction I can't say for sure. I suspect it did one way or the other. Whaley did acknowledge that the organization did have a "consultation" with him over his aberrant behavior. It was made clear what was expected of him. Obviously it didn't make much an an impact with him.

 

 

You are underestimating the degree of punishment. He is going to have his license suspended from 6 mos to a year. And then a suspension of 2 to 4 games will follow from the punishment coming from the league. Trust me his reckless behavior is going to be costly.

what was his first criminal infraction before the spice thing? I can't recall.

 

Edit - ok I think you are saying the spice was first and the drag racing second. Was there anything before the spice?

Edited by YoloinOhio
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what was his first criminal infraction before the spice thing? I can't recall.

 

Edit - ok I think you are saying the spice was first and the drag racing second. Was there anything before the spice?

Not that I am aware of. Spice and then reckless driving.

It's my opinion that he will lose his license for 6 mos to a year. Probably won't serve jail time. I also believe that he will draw a suspension from the league.

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You don't understand my position. I'm very confident that Dareus is going to be suspended by the league. Whether Marcell complied with the court regarding the spice case I can't say because I don't know what the terms of the case were. What is known is that he got in trouble again after a first ciminal justice issue.

 

As far as being officially being notified by the league for his first criminal infraaction I can't say for sure. I suspect it did one way or the other. Whaley did acknowledge that the organization did have a "consultation" with him over his aberrant behavior. It was made clear what was expected of him. Obviously it didn't make much an an impact with him.

 

 

 

 

You are underestimating the degree of punishment. He is going to have his license suspended from 6 mos to a year. And then a suspension of 2 to 4 games will follow from the punishment coming from the league. Trust me his reckless behavior is going to be costly.

He complied with the Alabama court's pre-trial diversion program for a 1st time non-violent offense. And nowhere can I see that he had a sit down with Sir Roger after it.

 

But we'll see what comes of the car crash case. If it gets reduced to a moving violation, and I don't think he and his attorney would have refused the plea bargain unless they felt they had a strong chance of being reduced, Sir Roger really can't suspend him over that.

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He complied with the Alabama court's pre-trial diversion program for a 1st time non-violent offense. And nowhere can I see that he had a sit down with Sir Roger after it.

 

But we'll see what comes of the car crash case. If it gets reduced to a moving violation, and I don't think he and his attorney would have refused the plea bargain unless they felt they had a strong chance of being reduced, Sir Roger really can't suspend him over that.

 

The attorney representing Dareus is not too concerned with the punishment related to the reckless driving offense. He would be willing to accept the standard punishment for the charge (range of 6 mos to yr driving suspension plus court costs and a fine). His attention is more on what the league's punishment will be after the court case is resolved.

 

His strategy is to have the charges lessened with the same punishment for the original charge so that when Roger reviews the case under the all encompassing personal conduct clause his case will be compared to similar driving cases. There is a lot of money at stake for his immature client. The difference between a two game suspension compared to a four game suspension is substantial.

Edited by JohnC
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