Coach Malzhan just said he is back on the team in today's press conference.
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Interesting its a not guilty plea. Curious where it goes from here.He posted bail and put in a not guilty plea. I’m assuming he paid for a real lawyer. So he has money for an Uber. Hope he uses it next time. No one got hurt so that’s the biggest plus while learning a lesson.
Tons of people have or still do drink and drink. Let’s not be hypocrites here, he made a mistake a large majority of the population has done themselves. I had a DUI when I was 20 myself, although Uber wasn’t a thing back then. He’s a college kid who should learn from this mistake, this isn’t a serious offense and deserves a 2nd chance.Not sure how I feel about this ... unless he literally wasn't drinking, and the test was flawed. That's the only reason GOL/Frost/Huepel wouldn't have kicked the kid off, because it really didn't matter what the law said, it was about what happened and any irresponsibility. I'm all about 2nd chances, but I just don't want us to change what we've always done in the past. I'm sure another program would take him.
It’s probably so he can be reinstated to team faster and his lawyer will try to plead down to not go to trial. The video will be dissected to see if the police made any errors. If he asks for a lawyer no video beyond that point can be used against him. Some lawyers have been able to say the breathalyzer gives inaccurate readings and should be thrown out.Interesting its a not guilty plea. Curious where it goes from here.
I would argue DUI is not serious enough. It's not considered serious because so many people do it, but doesn't mean its not incredibly harmful. We will see how this plays out, but last years arrest and discipline for several teammates didn't seem to alter his decision on how to conduct himself late at night.Tons of people have or still do drink and drink. Let’s not be hypocrites here, he made a mistake a large majority of the population has done themselves. I had a DUI when I was 20 myself, although Uber wasn’t a thing back then. He’s a college kid who should learn from this mistake, this isn’t a serious offense and deserves a 2nd chance.
I'm just pointing out that in years past ... a student-athlete would be removed for such a mistake ... at UCF. It's one thing that made UCF different. Many student-athletes still left us for better careers too. We didn't screw their future at all, we just said they couldn't be part of our team.People make mistakes…. I’m sure everyone on here has done something they regret. This I’m sure was a terrible misjudgment on his part to drive intoxicated (allegedly). Kicking him off the team isn’t necessarily the best thing for the school or the student athlete. The court will hand down appropriate punishment if he is guilty.
You’re right it is serious, poorly written. What I meant was that no one got hurt (I’m assuming) and it’s something nearly everyone has done before, whether they were caught or not. I think we can all relate and give the guy a break. He’ll learn a lesson hopefully and like me never do it again under any circumstance, which he’ll be all the better for it.I would argue DUI is not serious enough. It's not considered serious because so many people do it, but doesn't mean its not incredibly harmful. We will see how this plays out, but last years arrest and discipline for several teammates didn't seem to alter his decision on how to conduct himself late at night.
JJ fought police and he didn’t get kicked off. I think a coach or somebody had a DUI. Don’t remember what happened to that person.I'm just pointing out that in years past ... a student-athlete would be removed for such a mistake ... at UCF. It's one thing that made UCF different. Many student-athletes still left us for better careers too. We didn't screw their future at all, we just said they couldn't be part of our team.
I can only point out what we've always done to make sure UCF doesn't tolerate such. It causes student-athletes to 'think twice' before they do things at UCF, that they might do at other places ... let alone the sheer violence we see at Tallahassee, Gainesville, Miami and even Tampa programs.You’re right it is serious, poorly written. What I meant was that no one got hurt (I’m assuming) and it’s something nearly everyone has done before, whether they were caught or not. I think we can all relate and give the guy a break. He’ll learn a lesson hopefully and like me never do it again under any circumstance, which he’ll be all the better for it.
Which begs the question, what lesson is to be learned from this? Just doesn't seem like much of a deterrent.It’s probably so he can be reinstated to team faster and his lawyer will try to plead down to not go to trial. The video will be dissected to see if the police made any errors. If he asks for a lawyer no video beyond that point can be used against him. Some lawyers have been able to say the breathalyzer gives inaccurate readings and should be thrown out.
and more went on under GOL than just that ..thought the moralist stuff ended once Frost got hereJJ fought police and he didn’t get kicked off. I think a coach or somebody had a DUI. Don’t remember what happened to that person.
I wasn’t a football player but I still learned a lesson from it. You don’t have to be kicked off the team to learn a lesson, that’s a weird thought process. There’s opportunity here to learn and better a kid. It’s just my opinion, you don’t have to agree.Which begs the question, what lesson is to be learned from this? Just doesn't seem like much of a deterrent.
If I was another player, I assume I will get the same free pass.
The lesson is you were suspended for at least 2 weeks from football, had to spend night in jail and are embarrassed for a few months around people. He’s still going through all of the law stuff. Once he pleads he will have quite a list of things he has to do and will probably get 6 months suspended license and 6 months probation. Between this and school he won’t have any free time.Which begs the question, what lesson is to be learned from this? Just doesn't seem like much of a deterrent.
If I was another player, I assume I will get the same free pass.
It’s probably so he can be reinstated to team faster and his lawyer will try to plead down to not go to trial. The video will be dissected to see if the police made any errors. If he asks for a lawyer no video beyond that point can be used against him. Some lawyers have been able to say the breathalyzer gives inaccurate readings and should be thrown out.
Yes you agree to be tested or you lose license for a year. Your rights as a US citizen don’t stop because a LEO suspects you of DUI. As soon as you ask for Council, any questions after that will not be admissible. Yes the arresting officer can say I think he was under influence but without proof it’s a he said she said. I think he did the testing so it’s a moot point. He will more than likely get it reduced to wreckless driving after completion of probation.I haven’t looked into the specifics of this player’s case so I won’t comment on the strength or weakness of the case, but as a matter of law, the right to counsel does not apply during a DUI investigation (pre-arrest) because the agreement you make to get a DL is that you consent to all tests of sobriety. So a person can ask for a lawyer all they want but that does not end the DUI investigation. Nor does that mean the recorded investigation cannot be played during a trial. And an officer can testify as to a person’s faculties during the entirety of their interaction regardless of whether the suspect asked for a lawyer.
Yes you agree to be tested or you lose license for a year. Your rights as a US citizen don’t stop because a LEO suspects you of DUI. As soon as you ask for Council, any questions after that will not be admissible. Yes the arresting officer can say I think he was under influence but without proof it’s a he said she said. I think he did the testing so it’s a moot point. He will more than likely get it reduced to wreckless driving after completion of probation.
I never said it would be over. You’d still be charged and spend 8 hours in jail. Less evidence is all I’m saying.I think I agree with most of what you’re saying but just one small caveat: if you ask for a lawyer before you are placed under arrest on suspicion of DUI then the officer does not have to cease his investigation/interrogation. Miranda applies during custodial interrogation, but before one is arrested, they are not in custody for purposes of Miranda.
And it’s not he said-he said. It’s the officers testimony with all evidence he gathered during the investigation vs. whatever the defendant claims. Evidence includes driving pattern, physical signs of impairment including odor of alcohol, bloodshot eyes, slurred speech, admissions to drinking, etc.
I just don’t want people thinking that if they are pulled over they can say “I want a lawyer” and that ends the matter. You didn’t say that but to a lay person that could be what it sounded like.
Depending on the facts, if no crash and no injuries and he was cooperative and didn’t blow over .15 then a good chance in Orlando, if that’s where it occurred, it will be reduced.
Yep, this is legally true, and backed by the SCOTUS in recent rulings.I think I agree with most of what you’re saying but just one small caveat: if you ask for a lawyer before you are placed under arrest on suspicion of DUI then the officer does not have to cease his investigation/interrogation. Miranda applies during custodial interrogation, but before one is arrested, they are not in custody for purposes of Miranda.
Okay, this is where I have a problem.And it’s not he said-he said. It’s the officers testimony with all evidence he gathered during the investigation vs. whatever the defendant claims. Evidence includes driving pattern, physical signs of impairment including odor of alcohol, bloodshot eyes, slurred speech, admissions to drinking, etc.
Some of us try to be cooperative. The problem is when the officers don't like your answers or, worse yet, think you're lying.I just don’t want people thinking that if they are pulled over they can say “I want a lawyer” and that ends the matter. You didn’t say that but to a lay person that could be what it sounded like. Depending on the facts, if no crash and no injuries and he was cooperative and didn’t blow over .15 then a good chance in Orlando, if that’s where it occurred, it will be reduced.
And how's that work out for someone like me?I never said it would be over. You’d still be charged and spend 8 hours in jail. Less evidence is all I’m saying.
But what you are saying is if you do get pulled over don’t say anything at all and don’t perform any of tests the cop wants you to perform.I think I agree with most of what you’re saying but just one small caveat: if you ask for a lawyer before you are placed under arrest on suspicion of DUI then the officer does not have to cease his investigation/interrogation. Miranda applies during custodial interrogation, but before one is arrested, they are not in custody for purposes of Miranda.
And it’s not he said-he said. It’s the officers testimony with all evidence he gathered during the investigation vs. whatever the defendant claims. Evidence includes driving pattern, physical signs of impairment including odor of alcohol, bloodshot eyes, slurred speech, admissions to drinking, etc.
I just don’t want people thinking that if they are pulled over they can say “I want a lawyer” and that ends the matter. You didn’t say that but to a lay person that could be what it sounded like.
Depending on the facts, if no crash and no injuries and he was cooperative and didn’t blow over .15 then a good chance in Orlando, if that’s where it occurred, it will be reduced.
I'm definitely not saying that. You consent to perform all tests of sobriety in exchange for obtaining a DL; it's a deal that you make with the DMV and I would never recommend someone violate a legally binding agreement they have made. Plus, not cooperating results in a DL suspension and could result in a criminal charge for refusing to perform the field sobriety tasks if you have a prior refusal.But what you are saying is if you do get pulled over don’t say anything at all and don’t perform any of tests the cop wants you to perform.
I don’t know what someone like you is like.And how's that work out for someone like me?
It's funny ... I'm the prime example of a person -- from my lack of consumption to life to marriage -- that any Republican would love to hold up as a 'posterboy conservative,' and yet I'm a die-hard, hard-core Libertarian in my politics because ...
Even I get f'd over in 1-2 pull overs/year, so I know typical, young African-Americans get massively f'd over in comparison if I get it too!
DUIs, let alone Seat Belts, were never designed to be used like this ... and don't get me started on red light cameras where they roll back the yellow light times and increase accidents, just to pay for the units with increased citations. Although those are slowing being addressed ... although DHS loves giving 'grants' to keep them in place.
The US is becoming a chronic waste pit of 'big brother' non-sense out of arguments of 'public safety,' all at the great expense of our civil liberties. The proof is in how much they cover up in how laws aren't working, and actually doing the opposite.
Sounds like my son. I'm the conservative and he's the libertarian that lives like a conservative. He got upset with his last breakup with girlfriend and wound up getting drunk with friends after seeing us earlier in the evening and telling us he was okay. He leaves the party and hits a small sign turning the corner on his way home. He has to change the tire and the man drives up. He did the whole refuse to take the test thing. Initially, if I remember correctly he didn't lose his driving rights because they couldn't charge him with charges related to testing over the limit but fines and everything else wound up being the same. He was very cordial to the Police Officer because they got to do their job and are there for good reason. An athlete on a team arrested on campus is pretty much going to be suspended whether they take the test or not. Bottom line like I told my son is call UBER or walk home.I don’t know what someone like you is like.
And how's that work out for someone like me?
It's funny ... I'm the prime example of a person -- from my lack of consumption to life to marriage -- that any Republican would love to hold up as a 'posterboy conservative,' and yet I'm a die-hard, hard-core Libertarian in my politics because ...
Even I get f'd over in 1-2 pull overs/year, so I know typical, young African-Americans get massively f'd over in comparison if I get it too!
DUIs, let alone Seat Belts, were never designed to be used like this ... and don't get me started on red light cameras where they roll back the yellow light times and increase accidents, just to pay for the units with increased citations. Although those are slowing being addressed ... although DHS loves giving 'grants' to keep them in place.
The US is becoming a chronic waste pit of 'big brother' non-sense out of arguments of 'public safety,' all at the great expense of our civil liberties. The proof is in how much they cover up in how laws aren't working, and actually doing the opposite.
I don’t know what someone like you is like.
I'm not sure I'd say that's the same as being a conservative in life, but I'm probably just splitting hairs.Sounds like my son. I'm the conservative and he's the libertarian that lives like a conservative. He got upset with his last breakup with girlfriend and wound up getting drunk with friends after seeing us earlier in the evening and telling us he was okay. He leaves the party and hits a small sign turning the corner on his way home. He has to change the tire and the man drives up. He did the whole refuse to take the test thing. Initially, if I remember correctly he didn't lose his driving rights because they couldn't charge him with charges related to testing over the limit but fines and everything else wound up being the same. He was very cordial to the Police Officer because they got to do their job and are there for good reason. An athlete on a team arrested on campus is pretty much going to be suspended whether they take the test or not. Bottom line like I told my son is call UBER or walk home.
When you sign your driver’s license you “imply” that you will consent to a lawful test of your breath or urine by a law enforcement officer. Implied consent is predicated upon a lawful arrest. Refusal to submit to said test will result in a one year suspension of your drivers license, a second refusal will result in a criminal misdemeanor of the first degree charge and a drivers license suspension of 18 months. Of course “implied consent” only relates to a test of your breath or urine (in rare cases blood), you can always refuse to participate in standard field sobriety exercises.Yes you agree to be tested or you lose license for a year. Your rights as a US citizen don’t stop because a LEO suspects you of DUI. As soon as you ask for Council, any questions after that will not be admissible. Yes the arresting officer can say I think he was under influence but without proof it’s a he said she said. I think he did the testing so it’s a moot point. He will more than likely get it reduced to wreckless driving after completion of probation.
Yes I know most of that and agree. Not sure if you meant to reply to someone else.When you sign your driver’s license you “imply” that you will consent to a lawful test of your breath or urine by a law enforcement officer. Implied consent is predicated upon a lawful arrest. Refusal to submit to said test will result in a one year suspension of your drivers license, a second refusal will result in a criminal misdemeanor of the first degree charge and a drivers license suspension of 18 months. Of course “implied consent” only relates to a test of your breath or urine (in rare cases blood), you can always refuse to participate in standard field sobriety exercises.
Orange County has a first time offender program. Dui charge is amended to reckless driving alcohol related codified at F.S.316.192(5), adjudication withhold, 6 months probation, no early termination, 50 hours community service, $100 fine, $400 donation to children’s advocacy center, DUI level 1 class, Victim Awareness program or YouImpact (online course), 6 month drivers license suspension, 10 day vehicle immobilization, no consumption or possession of alcohol or illegal drugs, and random urine tests to determine the presence of alcohol or drugs.
Yeah, you could say that he will learn a valuable lesson and my opinion is that if he successfully completes all of the above without violating his probation he will have demonstrated that he has “learned” his lesson and I don’t believe he should be kicked off the team.