NFL Star Receives DUI Mistrial
Posted on May 29, 2012 1:55pm PDT
The Denver Broncos linebacker, DJ Williams, was charged with a DUI not long ago, and went to court to receive his sentence on Monday. Yet the trial ended minutes after it began in a mistrial due to the way that the jurors were selected. Williams' lawyer asked for the mistrial right before opening statements were about to begin. He said that he was only allowed to excuse two jurors instead of the three that he is legally entitled to. The judge noted that this wasn't fair, and granted the attorney, along with William's, the request. They have set another trial for August 15, but Williams will be able to enjoy his license and his freedom until then. The judge ignored the Huffington Post when they asked what had gone wrong.
William's lawyer states that he is entitled to 3 juror dismissals. The prosecuting attorney objected to the mistrial, but left the court without commenting. According to one Denver District Attorney, an attorney does not need to use all their rights to excuse jurors. During a trial, each side of the case has the right to excuse a potential juror without reason. This way, the attorneys can get rid of any jurors that they believe are impartial. These rights are called preemptory challenges. According to a third party, Williams' lawyer dismissed his opportunity to excuse a juror. The judge warned him that if he waived that turn, he would not be able to replace it. Then, the judge decided that the defense attorney should have been allowed to use his turn.
In Denver, all misdemeanor cases are heard by six jurors, not 12. The jury for this case consisted of three men and three women from ages 20 to 61. They were seated after questioning, but then the defense attorney raised his objection. Once the jury returned from lunch, the judge dismissed the case. William's trial has already been delayed various times because of his game schedule and a dislocated elbow injury. William's original arrest was in November 2010. Close after the incident, the Broncos stripped him of his title as the captain of the team. This was William's second DUI arrest since he has been playing for the Broncos. The team planned to give him a multi-game suspension if he was found guilty of the second DUI in court.
Williams was pulled over at about 3 a.m. on November 12th, 2010, because he was driving without his headlights. When the police discovered that Williams had been drinking, they took him to a detox facility and issued a DUI. The team fined him for his behavior. Before his initial trial, Williams dislocated his right elbow. He still started in 13 season games and led the Broncos in tackles for the season. Williams filed a lawsuit to overturn his NFL drug suspension for the first six games of Denver's 2012 season, which starts in September. The lawsuit says that the league violated their code by collecting urine samples, and that the urine collected wasn't even human.
Williams' new August trial will determine whether or not he will be playing in the first few games of the football season in September. Williams' and his attorney hope to prove his innocence and get him off the case and back into the game for preseason. If you have been convicted of a DUI and need representation, then you should contact a DUI attorney. A good defense attorney is essential to presenting your case as convincingly as possible. Find one near you today!
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