Tuesday, February 12, 2013

The News Gets it Wrong or The Real Deal on David Diehl

I read stuff online all the time and so often they get it wrong. Misinformation is rampant even amongst lawyer websites. Understanding the law is confusing enough for lay people.

I really believe Diehl got a great deal because the fines on a DWI in the NFL would have amounted to $50,000 plus. Whereas the lesser offense of DWAI is non criminal, and probably not penalized the same way. Diehl got what is called an "alternative" sentence. These are sometimes given if someone has more to lose than the "average" person, as in doctors, military personnel, engineers, government employees with background clearances, etc. Is it fair? I don't know, maybe, if someone spends 10 or 12 years investing in a specialized career or profession or occupation I do think they have a lot more to lose than the guy or girl from Mickey D, that is the truth. Like it or not.

I had a Sgt. with a bad DWI, and I negotiated a special deal based upon his upcoming deployment, tours of duty, and his exposure to a huge military punishment. I thought he deserved for his service but others may argue why the special treatment. The same thing for a bank manager and a college professor. Their careers would have been over and done, a lifetime of great effort completely wasted.

So a Pro football player, David Diehl crashed his car in Queens while DWI.

He was charged with New York aggravated DWI plus plus,
meaning he had a BAC (blood alcohol concentration) over over .18
Regular/standard DWI in ALL the 50 states is .08 BAC

1. Ok, so first off, New York only has DWI (Driving While Intoxicated), we do not have DUI.
2. He got a real deal because even though he pled guilty to Agg DWI (a criminal misdemeanor) and DWAI (Driving While Ability Impaired) (a traffic offense) the Court agreed to a deal where the prosecution is going to drop the Agg DWI IF he stays clean and sober for 6 months.
3. He will be monitored by a SCRAM bracelet (which monitors skin perspiration for alcohol), three Court hearings, drug/alcohol counseling and urine checks, and NO driving during this time period.

So in the final analysis he won't lose tens of thousands in NFL fines, etc. He won't have a lifetime criminal record and he is getting the help he truly needs. That is win-win-win for everyone.

Lawrence Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

Ithaca, NY


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