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NFL Player Dwayne Bowe Charged With Possession of Marijuana

NFL Player Dwayne Bowe Charged With Possession of Marijuana

This past Sunday shortly before midnight, Dwayne Bowe, wide receiver for the Chiefs, was pulled over by Kansas City police for speeding 48 mph in a 35 mph zone.  When the police officer approached Bowe’s car to collect license and registration information, the officer allegedly smelled heavy odors of recently smoked marijuana drafting from the interior of the luxury car.

The smell of marijuana provided reasonable suspicion for the officer to search the pro football player’s Audi A8 with a police dog.  Two containers of marijuana were discovered, one held 6.6 grams of product and the other contained 3.8 grams.  Bowe was arrested and charged with speeding and possession of marijuana.  One of two passengers in the car was also arrested and charged with possession of marijuana.

According to the arresting officer’s report, Bowe admitted to smoking “a little weed” while at the Kansas City Airport.  The officer also noted that Bowe asked him if the nearby Sonic fast food joint was still open.

-Apparently, Bowe and his buddies were stoned, hungry, and were in a huge hurry to get to Sonic before it closed at midnight.-

Bowe was released from jail on $750.00 bail and has his first court appearance set on December 18th.

Lucky for Chief fans, Bowe will not face any football league suspensions at this time for the possession of marijuana charge and will be allowed to play in this Sundays highly anticipated game against the Broncos.  According to the Collective Bargaining Agreement, Bowe will have his case handled by the court system before the NFL or Chiefs can impose any disciplinary actions.

Bowe is also lucky that he wasn’t charged with DUI (driving under the influence) of marijuana.  Technically, the officer could have investigated the 29-year-old for DUI since Bowe verbally admitted to smoking “a little weed” and the officer smelled recently smoked marijuana inside car.

Since his arrest, Bowe has released a short apology statement to the public, “I apologize to the Hunt Family, Coach Reid, my teammates and Chiefs fans for the distraction I have caused the team this week… Due to the nature of the pending matter, I am unable to make any further comment on the situation.”

In Washington State, it will be legal on December 6th 2013 for all persons age 21 and older to possess any combination of: one ounce of marijuana, 16 ounces of marijuana in solid form or 72 ounces in liquid form, according to the Washington State Liquor Control Board.

 

Written by S.O

 

“8 Mile” Actor Popped For DUI

“8 Mile” Actor Popped For DUI

Actor Anthony D. Mackie, well known for starring in movies such as “8 Mile,” “Hurt Locker,” and “Notorious,” was arrested early in the morning on November 9th by New York City Police for DUI (driving under the influence).

According to NYC police, the 35-year-old actor was initially pulled over at 1:22 a.m. in Harlem for driving a vehicle with tinted windows.  Allegedly, when police approached Mackie’s vehicle to collect driver’s license and vehicle registration information they detected a strong smell of alcohol on Mackie’s breath and noticed his eyes were watery and bloodshot.  The officers suspected Mackie of drunk driving and asked him to perform the voluntary DUI field sobriety tests.

Mackie supposedly failed many of the sobriety field tests, was arrested for DUI, and was taken to the police station for booking.  While at the station, police asked Mackie to blow into the breathalyzer machine to determine his BAC (blood alcohol concentration) level, Mackie refused.  Because of the refusal to blow into the breathalyzer machine, NYC automatically suspended Mackie’s driver’s license for one year and fined him $500.00.

Here in Washington State, if an individual refuses to blow into the police station breathalyzer machine, a police officer will inform that individual that they will lose their driver’s license for one year.  However, the police are being somewhat misleading when stating “you will lose your driver’s license if you refuse” because an individual has the opportunity to request a hearing from the Washington State Department of Licensing to contest the loss of their license.

The experienced DUI lawyers at David O Defense have successfully defended many individuals in Washington States during DOL (department of licensing) hearings allowing those individuals to maintain their driving rights and privileges.  If you need representation for a DUI charge, DOL hearing, or have any questions about DUI consequences give us a call to schedule a free consultation 206-459-6392.

 

Written by S.O

Forced Blood Draws If Suspected Of DUI?

Forced Blood Draws If Suspected Of DUI?

Here in Washington State, an individual that is under suspicion of DUI (driving under the influence) has the right to refuse the field sobriety tests and portable breath test administered by law enforcement because these tests are voluntary.  An individual suspected of DUI also has the right to refuse to take the breathalyzer test at the station, however, they may face a one year driver’s license suspension by the DOL (department of licensing) because of the refusal.  Once an individual has refused the breathalyzer test, the burden of proving that individual is DUI is upon the arresting officer, thus the officer may call a judge to obtain a search warrant to obtain a blood draw sample from that individual.  Next that individual will be taken to a hospital where a nurse will take a sample of their blood to determine their BAC (blood alcohol content) levels.

Not all States follow this same procedure when handling persons suspected of DUI that have refused the breathalyzer test.  Georgia has their own legal methods of drawing blood samples from refusal individuals that are called “Forced Blood Draws” or “Forcible Blood Draws.”

Once a Georgia officer has obtained a search warrant from a judge for a blood draw, the “forcible” part of the blood draw comes into play when multiple police officers hustle a DUI suspect into a small room at the station, strap them onto a cot or table with multiple tethers, put them into a head lock, and wait for a nurse to draw their blood.  All individuals are treated in the same manner, strapped down and put into a head lock, even if they are completely calm and compliant.

This type of blood draw by restraints has become very controversial.  Many citizens have expressed this is a violation of our constitutional rights, it is animalistic, an unnecessary intrusive experience, and just plain terrifying.  A few of the comments posted after the news brief, DUI suspects face forced blood draws in some Ga. counties, found on www.myfoxatlanta.com read, “this is wrong. its all about control. no rights.” and “This is very wrong and the justice system is failing in a big way.”  Other people are saying this forceful procedure is completely justified if a DUI suspect isn’t being compliant by taking the breathalyzer test.

Police officers are justifying the procedure by saying these (restraints and headlocks) are necessary precautionary measures to ensure no one gets hurt.  They also claim these forced blood draws have increased their DUI conviction rate.

Just a reminder of our Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Written by S.O