A former Kansas University and NFL football player who faces a Douglas County DUI case alleges a sheriff’s officer did not have probable cause to arrest him.
According to a civil suit filed on behalf of Elvis Patterson asking a judge to review a decision to suspend his license, Patterson’s attorney said officers overlooked a medical condition his client has.
Douglas County prosecutors allege Patterson, 51, Lenexa, was traveling 12 mph above the 70 mph speed limit on eastbound Kansas Highway 10 when a Douglas County Sheriff’s officer stopped him June 4 east of Lawrence. In addition to DUI and speeding, he faces a third misdemeanor charge for refusing to take a preliminary breath test.
In the civil petition, Patterson’s attorney disputed his client was speeding, and the defense contends Patterson has a medical condition and a disability that he communicated to the officers that made it “impossible for him to perform the balance and coordination tests.”
According to the petition, a sheriff’s officer alleges he smelled a strong odor of alcohol coming from Patterson, that he had trouble finding his driver’s license and had slurred speech. But the defense says a patrol car video recorded only officers at the scene and not Patterson.
District Judge Michael Malone scheduled a trial for April 9.
Patterson played for KU as a defensive back from 1981 to 1983 and won two Super Bowls as a member of the 1986 New York Giants and 1993 Dallas Cowboys.