flgreen Posted May 16, 2011 Share Posted May 16, 2011 Jets’ Braylon Edwards Due In Court For DWI Case May 16, 2011 7:59 AM NEW YORK (WFAN/AP) — Jets star Braylon Edwards may soon hear what a court has to say about his arguments for dismissing his New York City drunken-driving case. Edwards has a court appearance scheduled for Monday. After his last day in court on March 7, the free agent emphasized that he wants to stay with the Jets and said he believes the interest was mutual. “I definitely want to come back and maybe take advantage of the AFC championship. This year maybe we’ll win one,” he said. “I love being a Jet.” Edwards reiterated his desire to stay with New York earlier this month at Mark Sanchez’s “Jets West” camp. “This is where I want to be,” said Edwards. “I don’t want to go anywhere else to start over. I like the organization, I like the players and I love my quarterback.” The wide receiver was stopped in September. Police said his blood-alcohol level was twice the legal limit. Edwards denies the charges. He’s contesting the basis for stopping him, the reliability of the test and other aspects of the case. Prosecutors say his arrest was legal, the test was fine and there’s enough evidence to support the charges. A judge could rule on Edwards’ arguments or set hearings on them. Link to comment Share on other sites More sharing options...
flgreen Posted May 16, 2011 Author Share Posted May 16, 2011 Receiver Braylon Edwards' DWI case headed for July trial Published: Monday, May 16, 2011, 10:10 AM Updated: Monday, May 16, 2011, 10:58 AM Jenny Vrentas/The Star-Ledger By Jenny Vrentas/The Star-Ledger NEW YORK -- Braylon Edwards' driving while intoxicated case is headed toward trial, with pre-trial hearings scheduled to begin July 22. The free-agent receiver was not in Manhattan Criminal Court for his required, scheduled appearance this morning, but his attorney appeared before Judge Matthew Sciarriano, who set the summer date for hearings to determine which evidence will be admitted. "We’re always talking about possible resolutions to the case, but it’s moving forward toward trial," Edwards' attorney, Peter Frankel, said. Edwards was arrested and charged Sept. 21 for two misdemeanor counts of operating a motor vehicle while intoxicated and one of operating a motor vehicle while impaired. He had a blood-alcohol content of .16, twice the legal limit, when he was pulled over on Manhattan's West Side, according to the criminal complaint. Frankel said Edwards was not in court because his flight in from Los Angeles this morning had been delayed as of 6 a.m., and possibly canceled. Edwards wrote on his Twitter account Saturday morning, "GoodBye Cali I'm heading back home to Michigan," though it is unclear if his plans changed. Sciarriano originally asked to begin the hearings June 3, but Frankel requested to push the date back because of availability of about a dozen witnesses. He said those witnesses include individuals who were in the car and who had contact with him throughout the night. Jets teammates D'Brickashaw Ferguson and Vernon Gholston were in Edwards' white Land Rover when he was pulled over, and Edwards had been at Jerricho Cotchery's charity event in Manhattan earlier in the night. The case had been adjourned three times before, twice as Frankel filed written motions to suppress evidence collected at the police precinct and on the scene, including breath tests. Frankel said the decision on whether or not that evidence will be admitted will be made at the hearing. Other evidence referenced in the motions, Frankel said, were statements Edwards made at the scene and the reasons for him being pulled over. In November, the district attorney's office said in court there had been plea discussions, but Frankel said no offer has been made at this point. "I wouldn’t say anything's broken down; we’re still talking," Frankel said. "We have somewhat different views of the evidence, but things have not been contentious at all. It’s possible we’ll work things out before the 22nd." Frankel said there have been "no surprises" as to how the case is proceeding. Edwards, who will hit the free agent market if and when a labor resolution is reached, was in California to attend Mark Sanchez's Jets West camp and to work out with the quarterback afterward. He will be an unrestricted free agent but expressed his desire to re-sign with the Jets, even at a discount. Depending on the outcome of this case, Edwards could face additional discipline from the NFL or the Cleveland Municipal Court. At the time of his arrest, he was on inactive probation stemming from a 2009 incident outside a nightclub. If found guilty of DWI, Edwards would be called back to Ohio for a probation hearing and could face up to six months of jail time, a Cleveland Municipal Court spokesman said at the time of his arrest. Link to comment Share on other sites More sharing options...
SMC Posted May 16, 2011 Share Posted May 16, 2011 I'm very interested in Edward's trial legal strategy if they can't work out a deal. I don't know how they get around the breathalizer result. Is he going to try to argue that since it was a tinted window pull over the cops had no grounds to have him take the test? Or is Edwards' lawyer stringing him along like what Plax's lawyer did to Plax? Link to comment Share on other sites More sharing options...
RutgersJetFan Posted May 16, 2011 Share Posted May 16, 2011 I'm very interested in Edward's trial legal strategy if they can't work out a deal. I don't know how they get around the breathalizer result. Is he going to try to argue that since it was a tinted window pull over the cops had no grounds to have him take the test? Or is Edwards' lawyer stringing him along like what Plax's lawyer did to Plax? You know call me crazy but I'm usually going to give the benefit of the doubt to the millionaire with unlimited funds for legal fees on this one. When it comes to DUI's, if you've got enough dough you people always eventually find something. Link to comment Share on other sites More sharing options...
faba Posted May 16, 2011 Share Posted May 16, 2011 I will be totally shocked if this ever went to trial-can not see his lawyer doing that Link to comment Share on other sites More sharing options...
SMC Posted May 16, 2011 Share Posted May 16, 2011 I tend to agree, Rutgers (and with you too, Faba) but I'm still puzzled by this. KEllis' legal strategy is well apparent--self defense. Guy came at him with a baseball bat and KEllis broke his face. Just trying to figure out what is Edwards' defense. Link to comment Share on other sites More sharing options...
JoeC36 Posted May 16, 2011 Share Posted May 16, 2011 Apparently his strategy is to miss court and go to trial http://sports.espn.go.com/new-york/nfl/news/story?id=6555556 Braylon Edwards trial date set By Jane McManus ESPNNewYork.com Archive NEW YORK -- The trial in Braylon Edwards' DWI case is set for July 22, but the New York Jets wide receiver did not make his required court appearance Monday due to a delayed flight out of Los Angeles, his attorney Peter J. Frankel explained to Judge Matthew Sciarrino Jr. in a Manhattan criminal courtroom. "It was his intention to be here this morning," Frankel said. Jets blog Looking for more on the green and white? ESPNNewYork.com has you covered. Blog Edwards was in California to attend quarterback Mark Sanchez's workouts last week, although confusing matters is a tweet Edwards sent on Saturday, saying "Goodbye Cali I'm heading back home to Michigan." Either way, Sciarrino did not rule on pleadings filed by Frankel and the district attorney's office on whether to allow or exclude evidence gathered on the night of Edwards' Sept. 21 arrest, including statements and breath tests which measured Edwards' blood alcohol level at .16 -- double the legal limit. "We don't believe that the breath test gave an accurate indication of how much he had to drink that night," Frankel said. Police said they pulled Edwards over in Manhattan around 5 a.m. on Sept. 21 because his SUV's windows were too dark. Prosecutors say his arrest was legal, the test was fine and there's enough evidence to support the charges. The most serious is a misdemeanor punishable by up to a year in jail. The judge suggested a June 3 trial date, but Frankel was able to have it pushed back to mid-July after saying that the dozen or so witnesses he would need to call in Edwards' defense, such as passengers and teammates Vernon Gholston and D'Brickashaw Ferguson, would not all be available that soon. The delay also allows more opportunity for both sides to work out a plea agreement, although those discussions have proven fruitless thus far due to fundamental disagreements with what evidence should be admissible. Frankel said the door is still open in that regard, however. Edwards will be a free agent whenever the NFL lockout is resolved. If he is found guilty of DWI, Edwards could be compelled to return to Ohio and face charges that he violated the terms of his parole stemming from an incident at a Cleveland nightclub. Edwards pleaded no contest to misdemeanor aggravated disorderly conduct in that case. Jane McManus is a reporter and columnist for ESPNNewYork.com. Information from The Associated Press was used in this report. Follow Jane McManus on Twitter: @janesports Link to comment Share on other sites More sharing options...
flgreen Posted May 17, 2011 Author Share Posted May 17, 2011 It seems that Edwards attorneys are going to try to challenge the evidence, and come away with dropped charges. IMO that’s a mistake. Most first time DWI’s that don’t involve accidents , and bodily injury, are reduced to reckless driving. Big fine, substance abuse counseling, and community service. To go to trial is really rolling the dice. I don’t know what impact this would have on his probation in Ohio, but a trial conviction would probably put him in jail. Perhaps his lawyer is just trying to put pressure on the prosecutor to cut a favorable deal. He indicated that they are still talking about a deal. Trial would be a major mistake Link to comment Share on other sites More sharing options...
Vudu Posted May 17, 2011 Share Posted May 17, 2011 Link to comment Share on other sites More sharing options...
JetsFanInDenver Posted May 17, 2011 Share Posted May 17, 2011 Wow. Just wow!! How can you miss a court date ? If the judge for the final trial is the same as the prelim hearing (is the case most of the times) I am sure Edwards did not do himself any favors. Specially if what he tweets is contradictory to what his lawyers have to say in court. Link to comment Share on other sites More sharing options...
flgreen Posted May 17, 2011 Author Share Posted May 17, 2011 Relax everyone. It was a Pre Trial hearing. He wasn’t required to be there. If he was the judge would have revoked his bond, and issued a warrent Link to comment Share on other sites More sharing options...
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