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Austin Seferian-Jenkins Talked Too Much and Scored a DUI

Written by David O
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Austin Seferian-Jenkins Talked Too Much and Scored a DUI

It just never pays to talk too much to the police, especially when they suspect you’ve been DUI, Driving Under the Influence of alcohol.  Nobody knows this better than pro NFL player, Austin Seferian-Jenkins, who could have slipped away from police with just a written warning for speeding.  Instead of using the right to remain silent, ASJ chose to chit-chat with officers which lead to a DUI charge.

It was about a month ago when former University of Washington Husky and now New York Jets tight end, Austin Seferian-Jenkins was pulled over by Florida Highway Patrol.  According to police reports, ASJ was allegedly speeding 75-80 mph in a 55 mph zone.  During the questioning, officers discovered that they had pulled over a pro athlete and this may be the reason they were going to let him go with just a written warning, even though they could smell alcohol on this breath.  However, Seferian-Jenkins couldn’t keep quiet.

ASJ continued to make small talk with the officers.  He talked about passing the DUI field sobriety tests, he apologized to the officers  for wasting their time, he spoke about his catches on the football field and recent touchdowns, he continued telling the officers how he wanted to go to his quarterback’s house for a meeting and how he wanted to go home after and watch American Horror Story.

The officers could hear Seferian-Jenkins slurring his words and observed odd behavior. All the babble gave the Highway Patrol time to check his driver’s license which revealed ASJ was required to have an ignition interlock device in his car from a previous DUI charge back in Washington State.  This was enough for officers to arrest and charge ASJ for drunk driving.

Quiet Please Pop Art Woman, Austin Seferian-Jenkins DUI blogWhile on his way to the station, the 6’6″, 262 pound NFL player kept saying he needed to take a, “huge sh*t,” right away.   The officer quickly replied not in his new patrol car.  ASJ laughed and said he wouldn’t but the officer better hurry and get to the station.

Here at David O Defense, our DUI defense attorneys always recommend very minimal talking with police officers.  Talking does not improve a person’s situation, it only makes it worse.  A person will not talk their way out of a DUI charge, they will only talk their way into a DUI charge, just as ASJ did!

SHHHH!  Don’t talk to cops!

 

 

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The ABC’s of Attorney Talk: A Basic Glossary of Legal Terms

Written by David O
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The ABC’s of Attorney Talk: A Basic Glossary of Legal Terms

I thought it would be helpful to provide a short basic glossary of legal terms A-Z.  Attorneys like to talk a lot and often times their talk is filled with legal terms that can sound like another language.  Hopefully after reading through this basic glossary of legal terms you will have a better grasp of attorney talk!

The ABC’s of Attorney Talk: A Basic Glossary of Legal Terms

A – Arraignment: The first court hearing in which a criminal defendant is told of the crimes they are being charged with.  The defendant will plead guilty or not guilty at this hearing.

B – Bail: The release of an individual accused of a crime, under specified conditions, designed to assure that individual will appear in court when ordered. Also can refer to the money posted for the release of an accused individual.

C – Conviction: A judgement of guilt against a criminal defendant.

D – Defendant: The person that is accused of a crime.

E – Evidence: Information presented in the form of document, objects, and/or testimony.  This information is used to verify or discredit the circumstances of the case. Often used to persuade the judge or jury to rule in favor of one side or the other.

F – Felony: A serious crime, usually punishable by at least one year in prison.

G – Grand Jury: A group of 16-23 U.S. citizens who attend a trial to listen to case evidence presented by the prosecutor and defense attorney, to decide if there is probable cause to believe the defendant on trial committed a crime or not. The grand jury will make a ruling of guilty or not guilty.

H – Hearsay: Evidence presented by a witness who did not hear or see the incident in question, but learned of it from somewhere or someone else. Hearsay is generally not allowed as evidence in a trial.

I – Indictment: A formal charge stating there is enough evidence demonstrating the defendant committed the crime and justifies going to trial.

J – Jury: A sworn body of people selected by the prosecuting attorney and defense attorney.  These selected citizens will hear the evidence of a trial and then render a verdict of guilty or not guilty.

K 

L – Litigation: A case or lawsuit. Criminal cases may also be referred to as litigation.

M – Motion: A request presented to a judge for a decision on a legal issue relating to the case.

N – No Contest: A criminal sentencing plea that has the same effect as a plea of guilty.

O – Oral Argument: The individual opportunity for the prosecutor and defense attorney to summarize their position before the court.

P – Plea: A defendant’s formal statement of “guilty” or “not guilty” to the criminal charge.

Q –Quorum:the minimum number of members of an assembly or society that must be present at any of its meetings to make the proceedings of that meeting valid.

R – Record: A written account of all case happenings while in a court of law; including pleadings, evidence, and exhibits.

S – Sentence: The punishment assigned by a Judge to a defendant found guilty of a crime.

T – Testimony: Oral evidence presented by witnesses, plaintiffs, and/or defendants during trials.

U – U.S. Attorney: A lawyer appointed by the President in each judicial district to prosecute and defend federal cases.

V – Verdict: The decision of a judge or jury that determines the guilt or innocence of a criminal defendant. The verdict is presented in the form of “guilty” or “not guilty”.

W – Warrant: Court authorization for law enforcement officers to make an arrest or conduct a search.

X 

Y 

Z

 

For a more extensive glossary of legal terms click here!

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Texas Ranger Pitcher Strikes Out during DUI Investigation

Written by David O
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Texas Ranger Pitcher Strikes Out during DUI Investigation

Texas Ranger Pitcher, Jeremy Jeffress, obviously has not read the blog article, “What To Do – When Stopped for a DUI,” because he did not follow the suggested advice provided by the DUI attorneys at David O Defense. In fact, Jeffress made three major mistakes during the DUI investigation.

According to the Dallas Texas police, on August 26th, Jeremy Jeffress was pulled over early in the morning for a traffic violation. When police began their questioning, Jeffress made his first major error. Jeffress started talking too much and confessed to police that he had,  “three or four cups of Hennessy cognac mixed with Coca-Cola”. To make matters worse, the female passenger who decided to chime in during the DUI investigation confessed that she and Jeffress were coming from SISU nightclub. Major NO NOs and strike one against Jeffress!

  • The DUI attorneys at David O Defense suggest to not engage in small talk, no need to answer questions about where you have been and what you have been doing. If you do answer these questions it often leads to self-incrimination.

baseball player for DUI and criminal defense blog, dui investigation blogThe Dallas police continued their DUI investigation and asked the pro athlete to perform the DUI field sobriety tests.  Jeffress failed the tests! The police documented that he had poor balance and could not stand on one leg. Strike two!

  • Here at David O Defense, our attorneys always suggest not to take the field sobriety tests. The tests are voluntary. They are very difficult and a completely sober person would have trouble passing these tests. Additionally, any mistake made while taking the field sobriety tests will be used against you and will make your DUI case more challenging.

Strike three for Jeffress is not asking police to speak with a DUI attorney during the beginning of the DUI investigation. If Jeffress would have asked to speak with an attorney early on, an experienced DUI attorney would have instructed Jeffress not to talk to police and not to take the field sobriety tests.

  • David O Defense lawyers always suggest to ask for a DUI attorney, it is your legal right. If you do not have a DUI attorney, ask the officer to call a public defender. Once you are on the phone with a DUI attorney, that attorney will be able to give you proper instruction and advice on what to do next.

Three strikes and Jeffress is out, BUMMER! The police arrested the pitcher and transported him to a nearby station where he was charged with DUI.

Here are David O Defenses’s 4 key points to remember during a DUI investigation

  1. Respect – Be respectful to law enforcement.
  2. Ask – Ask to speak with a DUI attorney.
  3. Don’t Talk – You cannot talk yourself out of a DUI arrest.
  4. No DUI Tests – Do not take the voluntary DUI Tests.

 

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