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Jackson files appeal in DUI case; suspension in 2009 unlikely

Discussion in 'Chargers Fan Forum' started by Johnny Lightning, Jul 29, 2009.

  1. Johnny Lightning

    Johnny Lightning Go Bolts

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    By Brent Schrotenboer
    Union-Tribune Staff Writer
    4:28 p.m. July 29, 2009

    Chargers wide receiver Vincent Jackson probably will avoid an NFL suspension this season after recently appealing a judge's ruling in his DUI case.

    The appeal is likely to delay his legal case until after the 2009 season, which also would delay any suspension resulting from it.

    "This thing could be in the appellate courts for quite some time," said Cole Casey, Jackson's attorney.
    Jackson was arrested Jan. 6 on suspicion of DUI. His blood-alcohol content measured at 0.17 percent, more than double the state limit of 0.08. At the time of his arrest, Jackson was on five years' probation for a 2006 drunken driving conviction in San Diego.

    The NFL's substance abuse policy states a second alcohol-related offense likely would result in a suspension. The NFL commissioner may impose discipline if a player is convicted of or admits to a violation of the law for alcohol-related offenses. Jackson pleaded not guilty in February. In June, Jackson asked a San Diego Superior Court judge to throw out his blood-test results on the grounds that the test violated his Fourth Amendment rights, which guard against unreasonable search and seizures.

    Casey argued that Jackson was forced to have his blood drawn against his will after repeatedly requesting a breath test instead, as was his right. But the breath machine didn't immediately accept his sample, and Jackson moved slowly while removing personal items to be inventoried, according to the testimony of a California Highway Patrol officer.

    Because of this, the officer considered Jackson to be refusing the breath test. Jackson's blood then was drawn from his arm while his arms were handcuffed behind a chair.

    Judge Cynthia Bashant rejected Jackson's request, leading to his appeal.

    Casey said afterward he hoped the case would end up in federal court.
     
  2. Retired Catholic

    Retired Catholic BoltTalker

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    All this crap because these dopes won't spring for a cab.
     

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