Archive for Thursday, June 28, 2012

Prosecutors dismiss DUI charge against former KU, pro football player

June 28, 2012


Douglas County prosecutors Thursday dismissed a DUI charge against former Kansas University and NFL football player Elvis Patterson related to a June 4, 2011, traffic stop east of Lawrence.

Patterson, 51, Lenexa, pleaded guilty two traffic infractions, refusing a preliminary breath test and speeding for going 12 mph over the limit on Kansas Highway 10. District Judge Michael Malone ordered Patterson to pay $260 in fines and court costs.

Assistant District Attorney Greg Benefiel said prosecutors agreed to dismiss the DUI count after reviewing a video of the stop. Patterson had communicated to Douglas County Sheriff’s officers he had a medical condition that affected his ability to perform field sobriety tests, the prosecutor said.

“We determined that the case could not be proven beyond a reasonable doubt,” Benefiel said.

Patterson’s attorney John Ivan earlier this year filed a civil petition contending Patterson told officers he had a medical condition and a disability that made it “impossible for him to perform the balance and coordination tests.” Ivan also wrote in the petition a patrol car video recorded only officers at the scene and not Patterson.

Patterson was a KU defensive back from 1981 to 1983 and won Super Bowls as a member of the 1986 New York Giants and 1993 Dallas Cowboys.


guest 3 years, 5 months ago

KU football tickets must be the new hot item

somedude20 3 years, 5 months ago

Think bigger my guestly friend, think NFL tickets...Chiefs, they might win a few now. I, for one am eager to see them play Pittsburgh at Pitt.

NutsForKU 3 years, 5 months ago

"had a medical condition and a disability that made it “impossible for him to perform the balance and coordination tests.” "

So if not proven drunk he can admit to driving while having an impairment? Why don't we get rid of the DVM instead of fixing the expensive computer system and stop pretending there are any real requirements stopping people from driving and simply charge for the license. Just let a copy company like Kinko's handle it. Daily on the roads it is clear most people don't understand the most basic rules on the road so let's stop pretending.

John Hampton 3 years, 5 months ago

I just renewed my tags next to a nice elderly gentleman in a Rascal doing the same. I am pretty confident this nice man could no more complete a field sobriety test than I could change some people's minds that spend their days commenting on articles in the LJW....

Steve Jacob 3 years, 5 months ago

So kids, NEVER take the breath test, get a real lawyer, and get off with a slap on the wrist. If you waste the DA's time enough on minor crimes, you can plead to almost nothing.

deec 3 years, 5 months ago

Unless you are exercising your First Amendment rights in a public park after hours. then you get a year probation, $200 fine, court costs and the possibility of 6 months in jail, none of which are mentioned in any part of the city ordinance governing parks.

paulveer 3 years, 5 months ago

A number of "onlookers" were in the same location and not cited.

irvan moore 3 years, 5 months ago

he's lucky his condition doesn't interfere with being able to play football

oldbaldguy 3 years, 5 months ago

John Ivan is a good lawyer. Our criminal justice system is adversarial. He did his job. Without knowing all the details, I suspect there was insufficient grounds to prove DUI. Wait until you get stopped.

Clickker 3 years, 5 months ago

Most Ex-football players are suffering from some sort of post concussion syndrom. I dont doubt that he could not perform the tests.

MattressMan 3 years, 5 months ago

So what you are saying is that anyone with a handicap placard hanging from their mirror or with the hdcp tag shouldn't be driving becuse they may not be able to walk heel to toe or stand with their feet together tip their head back and touch the tip of their nose.

paulveer 3 years, 5 months ago

So maybe tests should be changed to test for ability to drive safely, rather than check for specific suspected impairments.

Cant_have_it_both_ways 3 years, 5 months ago

In related news Assistant District Attorney Greg Benefiel just purchased a new home west of Lawrence. Source of funds... well...

Shelley Bock 3 years, 5 months ago

That is a ridiculous thing to say. If you don't know the facts, you can't make such an outlandish statement like that.

So, what do you want? A jury trial which may or may not find the defendant guilty. And, if he's guilty, an appeal? Go ahead and throw money away. And, someone along the line will say not sufficient evidence.

Cases are dismissed on a regular basis if the facts don't exist. Saves time and money. The only ones you hear about are the ones with a "celebrity" defendant.

mdfraz 3 years, 5 months ago

The fact that you have to ask whether he took a test or not demonstrates that you draw conclusions ("DA is just inept and worthless...") without knowing the facts. That's the best kind of comment to make; completely baseless and ignorant. Congrats.

Jeremiah Jefferson 3 years, 5 months ago

Its against the law to refuse a breath test when asked to do so by a police officer. Kansas is an implied consent state meaning that when you get your drivers licence, your agreeing to take the breathalizer test when asked to. Refusing a breath test is an arrestable offense. If you refuse to take the breath test its an automatic 1 year suspension of your licence, and you get to take the test anyway when they make you install an ignition interlock device (breathalizer) in your car and you get to pay for it. Either way your gona take the breath test, unless you work for or play for KU, then your exempt from the law.

With that said, I can kind of understand that the guy could not do the field sobriety test physically, but why couldn't he blow into the machine, and what was his punishment for not doing so?

Oh thats right, he was a KU player, so never mind, nothing to see here, move along. Lawrence is crooked

Far as I am concerned, this dude is guilty of DUI

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