Archive for Wednesday, October 21, 2009

Brady Morningstar gets diversion in driving under the influence case

Morningstar fined $500 for Oct. 3 incident on I-70

Kansas guard Brady Morningstar lines up a shot as he soars to the bucket past Washburn guard Paul Byers during the first half Tuesday, Nov. 4, 2008 at Allen Fieldhouse.

Kansas guard Brady Morningstar lines up a shot as he soars to the bucket past Washburn guard Paul Byers during the first half Tuesday, Nov. 4, 2008 at Allen Fieldhouse.

October 21, 2009

Advertisement

Douglas County prosecutors have granted a diversion to Kansas University basketball player Brady Morningstar, who was arrested and charged for driving under the influence on Oct. 3, court records said.

Morningstar, 23, was fined $500 as part of the diversion agreement in the case, which also included charges of speeding and failing to keep his car in a single lane.

A Kansas Highway Patrol trooper said Morningstar was driving 78 mph in a 70 mph speed zone and weaving out of his lane of traffic multiple times. Reports indicate that he had nearly twice the legal limit of alcohol in his system when he was pulled over at 3:25 a.m. on the Kansas Turnpike, just east of Lawrence.

As a part of his diversion agreement, Morningstar must:

• refrain from using drugs or alcohol while on diversion;

• complete an alcohol treatment program;

• take drug and alcohol tests when requested;

• and not drive if his driver’s license is suspended or restricted, though Morningstar’s license is presently valid, according to a Kansas Department of Revenue record.

In addition to the fine, Morningstar paid $150 for an alcohol assessment, a $150 diversion fee and $148 in court fees.

Because of the diversion agreement with Douglas County District Attorney Charles Branson’s office, the basketball guard will not make an appearance in district court.

Morningstar, who admitted to driving after drinking and violating team curfew, has been suspended from games on the basketball court and is banned from competition during the first semester.

Comments

royalpain 5 years, 6 months ago

That's good to hear. He gets the same treatment as any other first-time offender. I was hoping the prosecutor wouldn't try to make an example out of him. I hope he thinks twice before doing that again.

Tamaralaug 5 years, 6 months ago

People are going to complain that he got off easy but that is the standard sentence for a first time offender. Not that it makes it right but that is the way it works. And I also hope he thinks twice about drinking and driving. As we all know too well, it is extremely dangerous and lives can be lost.

domino 5 years, 6 months ago

edjayhawk - The post you reference says nothing about drinking/driving being ok - simply stating that he was glad to see Morningstar get the same thing as any other first time offender would probable - not more - not less. There are times when things are swept under the rug for certain people (such as athletes) but there are also many times when they (judges) decide to make an example out of a kid who has done something stupid. That was all royalpain was trying to say. Drinking & driving is NOT ok, but neither is using someone like Morningstar to "make an example" for others.

Kawatchi 5 years, 6 months ago

"“I was hoping the prosecutor wouldn't try to make an example out of him. ”

What? Because drinking while driving is okay?"

I am assuming that the poster meant they are glad he didn't get singled out and subjected to harsher treatment just because he is a well known figure in the community. Of course, you already knew that.

nobody1793 5 years, 6 months ago

ChiHawk, I think the DMV has a separate procedure for suspension/interlock requirements. The diversion just keeps him out of jail.

WHY 5 years, 6 months ago

This comment was removed by the site staff for violation of the usage agreement.

jaywalker 5 years, 6 months ago

Why, that's the dumbest post on the string so far. I'll keep my fingers crossed for ya.

WHY 5 years, 6 months ago

Sober people cause more accidents than drunk people, it is just a fact. The sober people rant about all of the harm caused by drunk driving, yet sober people hit others also. What is their excuse?

hbjayhawk 5 years, 6 months ago

This comment was removed by the site staff for violation of the usage agreement.

Steve Jacob 5 years, 6 months ago

Betting the one year or so driver's restriction also will be included. He got what the normal first time offender would get, I think. Now if he hit something or someone, he be facing more trouble.

jaywalker 5 years, 6 months ago

Just another example of how badly beobachter needs to get a life.

jaywalker 5 years, 6 months ago

"Let's see a kid got drunk as the fiji frat house and the wheel and then drives home at 90 mph, lost control, and killed a respected woman from Lawrence, he walks free with the same kind of hand slapping as this kid got."

That's more than a little hard to believe. Got a link to back it up?

jaywalker 5 years, 6 months ago

That's a sad story, Jack. But the offender certainly didn't get a slap on the wrist or diversion, he got charged with involuntary manslaughter.

ralphralph 5 years, 6 months ago

Brady got treated like any other young man on a first offense DUI. It would be nice if we could say the same about the KU athletes that were involved with the Thug Wars on campus. They were NOT treated the same as any other person ... if you don't believe that, go onto campus, start 3 fights - one with as many as 100 people involved - and see if the KU Police decline to investigate.

Brady = arrested by Highway Patrol (real police) Thug Wars = NOT investigated by KU Police (gutless wussies, owned by Lew)

KU Police = Cowards who refused to do their duty. KU Police = Shameful

Kawatchi 5 years, 6 months ago

Name a victim in the fight. Go ahead. We'll wait.

jaywalker 5 years, 6 months ago

"Thug Wars = NOT investigated by KU Police (gutless wussies, owned by Lew)"

Wow. Can you show yourself to be any more foolish, ralphie?

http://www.kmbc.com/news/21186120/detail.html http://www.fox4kc.com/news/wdaf-ku-investigation-into-athletes-brawl-10209,0,86502.story

Yeah, that was tough. "KU police investigating brawl" brought up oodles of references. My guess, gleaned from the tenor of your post, is you've had a run-in w/ the KU police. My advice: grow up.

grimpeur 5 years, 6 months ago

Jesse Fray,

How long does the diversion last? What happens if he gets a DUI/OUI after the diversion expires? And will this diversion and DUI appear on his record if he EVER does another DUI? Because he should only get one diversion.

As for Brady: no license suspension? That's lame, and not just in Brady's case. It's totally fscked up that licenses aren't suspended for first-time DUIs. No jail? OK, maybe. But these clowns have clearly demonstrated their lack of regard for others. Get them off the road and let them think about it for 6 months.

What's that? Poor baby can't survive without a car? Then:

A) You should have thought of that first, jackhole. B) You're weak.

headdoctor 5 years, 6 months ago

grimpeur (Anonymous) says… Jesse Fray, How long does the diversion last? What happens if he gets a DUI/OUI after the diversion expires? And will this diversion and DUI appear on his record if he EVER does another DUI? Because he should only get one diversion.


Unless they have changed the law the diversion is good for life unless they get another DUI. A second DUI will wipe the diversion off and the first offense will pop back up on their record. While Kansas judges have been lax in truly enforcing max penalties, they will come down a lot harder for two DUI's or more.

jafs 5 years, 6 months ago

Why wait until someone gets killed?

A first DUI without fatalitites is the best opportunity to prevent tragedy - we should definitely be figuring out how to do that.

penguin 5 years, 6 months ago

Also the article really fails to mention a simple fact that is making most of the people really mad: the licensure hearing is seperate from the criminal procedure. He still is entitled to an entirely seperate hearing with the DMV folks. This can take place months after the court procedures that just happened...just depends on their case load I am assuming.

and not drive if his driver’s license is suspended or restricted, though Morningstar’s license is presently valid, according to a Kansas Department of Revenue record.

Unfortunately, just another example of irresponsible reporting. Yes, I am sure KS Dept of Rev says the license is still valid...because he has not had his hearing...might want to check into that before making a claim that seems to indicate he will not lose his license.

If you want more on the specifics of Kansas laws this site seems like it has some good info:

http://www.1800dialdui.com/CM/DUIDWILaws/DUIDWILaws-Kansas-DUI-DWI-Laws.asp

Also it appears the laws changed some in 2007 and there are different penalties. Again, this is all enforced through the Department of Revenue and is seperate from the Diversion he received.

BobtheBuilder 5 years, 6 months ago

Jack the Ripper is the big wuss here. He goes online all the time commenting on things he thinks he knows all about. It's easy to hide behind your computer and be a know it all. You are the one that needs to grow up and get a life. Your nasty comments the other day about a KU grad owning property downtown was over the top.

kusp8 5 years, 6 months ago

RalphRalph,

This is the standard way most first time offenders get treated, so he didn't get any special treatment. This has nothing to do with KU Police vs Highway Patrol. Although, I agree with you about your comparisons, they just aren't applicable in this case.

fish_balls_yum 5 years, 6 months ago

Jeesh, anything else left to say? Anyone...

ralphralph 5 years, 6 months ago

Jaywalker ... Thinking back to the critical time, when the Thug Fights were happening -- read: repeated and apparently ongoing incidents of violence on campus -- here was the crack response of KU Police ....

“No one has come forward saying, ‘I want to make a report. I was a victim of a crime.’ Until that happens, we can’t initiate an investigation.”

“Right now, I believe it is (a KU matter). Unless someone comes forward and tells us they want to make a police report.”

He was asked if he was “concerned” that the two incidents might escalate into more. “We are hoping that they kind of get themselves together and act like adults like they are supposed to and this is done,” Bailey said. “We are hoping this is done.”

http://www2.ljworld.com/news/2009/sep/23/witnesses-report-second-altercation-between-basket/?more_like_this

KU Police = Hand-wringers KU Police = Owned by Lew KU Police = Willful refusal to investigate violence on campus KU Police = Shameful

PS - I have not had any run-ins with KU Police ... notice that I am asking that they be made to do their duty, not leave me alone, while I work it out for myself.

Jaywalker = Shameful Defender of Shameful KU Police

onehawkoneshock 5 years, 6 months ago

A diversion is not an outright dismissal of the offense. The defendant is placed on diversion for a certain amount of time. Usually a year, after which time the charge is dismissed if the defendant successfully completes all the requirements. If, however, the defendant receives another DUI in the future this charge will surface, making the new charge a 2nd offense. The division of motor vehicles handles the suspension of driving privileges and there should be a 30 day suspension yet to come. If the defendant does not successfully complete the diversion requirements, the diversion agreement will be revoked and the defendant is automatically found guilty of the offense.

ralphralph 5 years, 6 months ago

As to Brady, the diversion is what ought to happen. Unless you do something far beyond the usual context of a first-offense DUI (such as an accident or fight the officers), people get a diversion on their first offense. It makes you pay some hefty (for most young people) fines, fees and costs; you get exposure to the idea that you might be making bad decisions about your alcohol use; you get your drivers license popped (in a separate, administrative proceeding); and if you get another one, you go to jail and lose your license for a real long time.

ralphralph 5 years, 6 months ago

As to the Thug Wars, what should have happened is that the KU Police should have done their job, the on-campus violence should have been investigate, and charges should have been brought against those invovled. At that point, it may well have been that a diversion would have been sufficient to deal with the situation. However, publicly refusing to investigate repeated acts of violence on campus was not the way.

KU Police = Shameful.

Commenting has been disabled for this item.