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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

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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

jaywalker 4 years, 5 months ago

ralphralph = moron who can't read

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TrooGrit 4 years, 6 months ago

Meanwhile, in other non-news....yes, it's common practice for a first time for someone cited with DUI to have his name/face splashed all over the page of our local newspaper. Not make an example out of him? No need to, LJW has already done that adequately enough.

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ralphralph 4 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.

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ralphralph 4 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.

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onehawkoneshock 4 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.

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ralphralph 4 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

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JackRipper 4 years, 6 months ago

"BobtheBuilder (Anonymous) says… 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."

What?

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fish_balls_yum 4 years, 6 months ago

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

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kusp8 4 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.

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BobtheBuilder 4 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.

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penguin 4 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.

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JackRipper 4 years, 6 months ago

BABBOY losing the license is most effective and will help people realize how screwed up it is to depend on cars so much in the first place. Not only do we have drunk drivers but now we have texting that is legal and just as bad, people really don't want to drive as demonstrated daily.

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BABBOY 4 years, 6 months ago

I happy to see that Morningstar got the diversion. i would have been annoyed had the DA caved in to the press or the morons who post without thinking. He should be treated no differently then anyone else --- and that means that he not left off easy or treated worse because of status as KU basketball player in a city obsessed with basketball (as it should be in that KU basketball is the real deal). In that any "normal" person could get a diversion under the current laws, it would be wrong to deny it to Morningstar just because he is public figure in the Jayhawk nation.

Also, Self has punished him pretty severely with suspension. I agree somewhat with Ralph in that it is bothersome that Morningstar seems to be the fall guy for all the bad press KU has gotten for the fight and the DUI. It is bothersome because it is lame to punish the kid that plays 5 minutes a game but to let the player that plays the majority of the game skate without any game suspensions. It is just lame on its face and wrong.

I also agree to a degree with jafs. While I do not advocate anything such more jail time for non-accident DUIs -- in that causes people to lose jobs and we need people employed --- I think that any first time offender should have locking device put into their car whereas they cannot start their car with alcohol in their breath. This penalty is more rehabilitative then punitive in my opinion. I would suggest 5 years of the device being in the car or something. Also, if anyone blew to start the car allowing the guy with DUI to get around the locking device, then both the driver and the person who blew allowing him to be operate it should be charged with felonies and have their license suspended for five years and that should be made very public as a deterrent.

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jafs 4 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.

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headdoctor 4 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.

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Robert Burnham 4 years, 6 months ago

Come on, all you posters drank in high school and college, it's going to happen and you know it. But if you're going to drink and drive, get a designated driver, or drink where you can stagger home, or get a camp site at the lake and drink around the camp fire! BUt don't drink and drive, because you will get caught sooner or later!

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grimpeur 4 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.

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jaywalker 4 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.

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Kawatchi 4 years, 6 months ago

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

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ralphralph 4 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

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JackRipper 4 years, 6 months ago

And the case also determines who is responsible? The providers of the alcohol even when the person is underage, Morningstar is also underage isn't he? Nope. The person drinking and driving? Nope, less than a $1000 and still has his license or if one kills someone some probation. The only person who had nothing to do with it is the only one who pays the ultimate price. But of course we have a society that has created one form of transportation and fights tooth and nail for alternatives and then allows bars to be built in areas where the car is obviously the only way to get there. Society has set it up so we will always have this problem.

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Pilgrim2 4 years, 6 months ago

beobachter (Anonymous) says…

Seamus, assuming your premise is right, why are W, Uncle Dick and Rummy still walking free?


Because, thank God, nobody has been dumb enough to let you make that determination.

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JackRipper 4 years, 6 months ago

Yes, the sentence sounds serious but probation is hardly what you'd expect. There are numerous drunk driving fatalities in this area in the last 10 years and the get tough court system let's people off. We either have to do one of two things- enforce traffic laws with zero tolerance or the bus is the main means of travel.

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jaywalker 4 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.

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JackRipper 4 years, 6 months ago

Part one, and read the joke at the end of this when, as the current issue demonstrates, is a complete joke:

http://www.kscourts.org/Cases-and-Opinions/opinions/supct/2005/20050610/89773.htm

Unfortunately the new JW search works so poorly I can't find it here the story was in the JW.

And just so remember the kind of people who are killed by our system: http://victoryforce.com/lisaspage.html

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mutualrespect37 4 years, 6 months ago

Frick, the bigoted UNL cops lie about their own discriminatory errors, and I have to take a diversion for angrily and in good conscience and with integrity confronting them about this, and this young whitebutt hick athlete can still get off with the same "easy" diversion for committing a potentially murderous act?

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jaywalker 4 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?

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autie 4 years, 6 months ago

an whys do them keep on comin after my cuzins jus cuz they was makin up somthin fer us to drank that fedral gobermint aint gots nothin beeter todo than bother us god ferin folk mixin up ur own pig flews medisin an roedy my cuzin says he gots sum fer an yur women ifn yoall gets scik.

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JackRipper 4 years, 6 months ago

Right Seamus and someone said he'd be in more trouble if he hit someone or thing. Oh? 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. A man is killed on sixth street, a woman is killed on sixth street, both because of drunk driving and yet was the pentalty the same as if it was careless gun play? We already know the answer to that when the young lady was killed years ago by her boyfriend who was careless with a firearm, he is spending time if memory serves.

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jaywalker 4 years, 6 months ago

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

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beobachter 4 years, 6 months ago

Seamus, assuming your premise is right, why are W, Uncle Dick and Rummy still walking free?

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autie 4 years, 6 months ago

my cuzin in texass says that that there driverversion is the best thin that gots goin fer em in texass an it wernt to bad fer em in oklahomy neither cuz theyed gots them drunker than driven there to cuz thered other cuzin on theys momma side used to one time no the judge man so it was ok fer them but they wont talk bouit nomore.

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Seamus 4 years, 6 months ago

Paul, the most basic function of government-- ahead of schools, roads or anything else-- is to protect its citizens from criminals.

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Seamus 4 years, 6 months ago

Jack-- people don't relish tougher penalties for stupid behavior behind the wheel because they assume THEY might be in that position one day. That's why when a person runs over an elderly man on the sidewalk the majority rushes to his defense.

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Steve Jacob 4 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.

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Seamus 4 years, 6 months ago

WHY-- you've thrown out a red herring. The fact is that drunks make up a tiny fraction of overall motorists yet they cause proportionately more accidents, particularly fatal ones. Try to spin this any way you like, but those are the actual facts.

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hbjayhawk 4 years, 6 months ago

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

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JackRipper 4 years, 6 months ago

No need to do something as simple as taking his license for a year aye Paul? What would that cost and why should someone who has demonstrated not only disregard for the law but also could have killed people not have his license taken for a year at least? We are idiots in the this country and so utterly dependent on the car that sober people don't think we should punish something that is no different than brandishing a gun around in a crowd of people. Of course not everyone carries a gun so we can come down on that but the car, noooo, there before the grace of God go I mentality comes into play.

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WHY 4 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?

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Paul R Getto 4 years, 6 months ago

Good move. I'm sure all those who want the young man incarcerated or more closely supervised by the courts (read $$$) will lobby for a tax increase to pay for it. The legislature is trying, in the name of smaller government, to cut budgets for schools, prisons, universities and almost all social services

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jaywalker 4 years, 6 months ago

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

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Seamus 4 years, 6 months ago

Enabling brought to you by.... WHY!

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WHY 4 years, 6 months ago

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

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Seamus 4 years, 6 months ago

Yeah ChiHawk, it's a real "pain in the @ss" for poor, poor drunk drivers to be punished for their stupidity.

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nobody1793 4 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.

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Kawatchi 4 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.

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domino 4 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.

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ChiHawkInKS 4 years, 6 months ago

Damn, thats easy! I don't really know how the Kansas laws work for DUIs but in Illinois it is an automatic 1 year suspention and a Breath Alcohol Ignition Interlock Device installed once you get your license back. It's a real pain in the @ss.

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edjayhawk 4 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?

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Tamaralaug 4 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.

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royalpain 4 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.

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