dfosterf
15 years ago
NFP- Dolphins CB Will Allen; DUI 

Wilson: Will Allen released on bail

Dolphins cornerback was arrested, charged with DUI Aaron Wilson


Miami Dolphins cornerback Will Allen has been released from a Miami jail on $1,000 bond after being arrested and charged with driving under the influence, according to inmate records on the Dade County corrections Web site.

According to police records, the 31-year-old was arrested at nearly 3:37 a.m. Saturday morning while driving a white Lamborghini Gallardo.

Per the police report, Allen attempted to drive on a blocked causeway despite a detour sign instructing cars to take another route.

Police said that Allen pulled up near a parked police vehicle, revving his engine before telling a police officer: "I gotta get through."

When police told him that the causeway was closed, Allen allegedly said: "You don't understand, I gotta get through."

Allen was asked three times to get out of the vehicle when an officer noticed a "strong odor of alcohol," before he complied.

His Breathalyzer tests registered blood alcohol levels of .152 and .167. The Florida legal limit is .08.

Allen hasn't been arrested previously.

The Dolphins issued the following statement following the arrest through team spokesman Harvey Greene: "We only recently learned about this and as a result, will withhold any comment as we gather more information."




This is a man that should not be killing any brain cells at all, imo, much less driving a car after doing so. I wonder where Wade is... I have a defense strategy in mind that could use a little fine tuning. As it stands, it wouldn't actually work, unless I get the judge laughing so hard that he gives it to the defendant on the grounds of judicial entertainment value. :tongue3:

Wade, it's sort of a hybrid mens rea, under the vague auspices of the M'Naughton rules and the concept of "irresistible implulse", coupled with a dash of the "policeman at the elbow" principle. I'm goin' diminished responsibility with settled insanity, as evidenced by faux statutory stupification under the "reasonable man" standard...revvin' the Lambo at the cop.... :sign5: All I need is a judge with a real good sense of humor, and a little bit more of your legal mumbo-jumbo.
Wade
  • Wade
  • Veteran Member
15 years ago
*My* mumbo-jumbo? May you be pummeled with boilerplate.

McNaughton: "at the time of committing the act, the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know what he was doing was wrong."

Maybe you could add he thought there was a stargate at the end of the causeway? (He had to "get through" to the G'ouald homeworld, or perhaps he thought he had a breakfast date with Amanda Tapping.)

"Policeman at the elbow" might be hard. According to the police report, the police car was parked "perpendicularly".

You could also attack the probable cause assumption: "Defense's scientific expert: The only reason, yer honor, that there was a stronger smell of alcohol is that the gull wing doors of the Lamborghini created an inversion layer and kept more fumes than normal in the adjacent vicinity of the policeman. And said policemen, being a Miami policeman, should have enough experience with rich young men with Lamborghini's to know this, and therefore the reasonable assumption when noticing the strong odor should have been to remember the "Lamborghini effect." Ergo, he made an unreasonable assumption and lacked probable cause to stop my temporarily insane client.

(Unfortunately, this probably won't work outside of California or the DC Circuit, so Allen is probably hosed. Not to worry, he'll just get traded to Philadelphia and become man of the year.)
And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
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