Brandon Marshall Pleads Guilty To Driving While Ability Impaired

by John Bena on Sep 12, 2008 5:26 PM MDT in Broncos In Trouble With The Law Comment 27 comments

Hopefully this will put an end to Marshall's legal troubles for good. The question remains, however, whether his 1 game suspension was all encompassing, including this case which was pending at the time, or if further sanctions as a result of the guilty plea can be handed down --

From CBS4Denver --

Denver Broncos wide receiver Brandon Marshall pleaded guilty to driving while ability impaired Friday afternoon in connection with a drunk driving arrest last October.

Marshall declined comment and left the Denver courtroom with his attorney.

Marshall's blood alcohol level was .116, prosecutors said, when he was arrested on Interstate 25. The legal limit for DUI in Colorado is .08 and above.

The city's attorney's office agreed to drop a pending traffic case from June as part of the plea deal. The judge also agreed to drop charges of driving the wrong direction on a one-way street and wandering out of his lane.

Prosecutors say Marshall must pay $1,100 in fees and fines and will likely be required to serve 24 hours of community service and attend alcohol-treatment classes and a victim-impact panel. He'll be on probation for one year, which the city prosecutor said could end early if Marshall completes his assigned sentence, which includes attending victim impact panels.

A jury trial on the DUI charge was slated to start in 4 days.

Marshall is slated to return to action Sunday against the San Diego charges after serving a one game suspension by the NFL and missing the season opening against the Oakland Chargers.

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Well....

…I beat you by one minute with my FanPost. ;) As I stated there, this is a very common type of plea agreement in a first offense of this type. I hope this was considered previously by Commissioner Goodell and won’t cause Marshall any further problems with the league.

I like a man who fights with a grin on his face. Winston Churchill.

by bradley on Sep 12, 2008 5:30 PM MDT reply actions 0 recs

I wouldn't be surprised...

…if pleading guilty was part of the suspension reduction. I don’t see how Goodell didn’t consider this case when the suspension was first handed down; not like it was a secret. Goodell didn’t need convictions for other offenses; it would seem silly that he would wait on official results on this one.

~Uffdah

by Disco_Stu on Sep 12, 2008 5:36 PM MDT reply actions 0 recs

I don't think.....

……that the plea of guilty could have been a condition of the suspension reduction by the league. That would be tampering with the justice system and I’m sure Goodell would not go anywhere near that. However, I think the league could have told Marshall that they would take no further action if he ended up convicted of DWAI (either by plea or by conviction after a trial) but that if he were to be convicted of the more serious, and original, charge of Driving Under The Influence, the league might revisit the situation.

I like a man who fights with a grin on his face. Winston Churchill.

by bradley on Sep 12, 2008 5:45 PM MDT up reply actions 0 recs

Didn't think of that

My legal knowledge is limited. Thanks for setting that straight!

I still can’t see a situation in which Goodell let the lack of an official sentence (or conviction, even) stop him from making a disciplinary decisions (not that he’s in the wrong for that). I can’t see how his reaction to this would be, “Oh, well, in that case…more games off!” This case was known at the initial meetings and suspension, and it was known at the suspension reduction.

Yeah, I’d be shocked if this added anything new.

~Uffdah

by Disco_Stu on Sep 12, 2008 5:51 PM MDT up reply actions 0 recs

Let's just hope

this is the end of his childish behaviour. I hope he takes it out on sandy eggo this Sunday with about 250 yds receiving on 10 catches.

That’s ok with me. We’re playing for wins, not media publicity....HT 9/11/08

by firstfan on Sep 12, 2008 5:56 PM MDT reply actions 0 recs

I second that thought

I certainly hope that all is now history and that he can get on with his “NEW LIFE”, and I love the 10/250! Mix in Royals 4/150 and Shefs 2/82 and that will sew up the deal. LOL Wishfull thinking is a good thing.

by metalman5050 on Sep 13, 2008 8:40 PM MDT up reply actions 0 recs

Just ask Eddie!

If you don’t imagine it, how can you make it real? I think he has shown the power of visualization.

Mountains, forest, sea: these render man fierce, but yet do not destroy the man.

by Jeremy Bolander on Sep 13, 2008 11:20 PM MDT up reply actions 0 recs

First DUI not punishable by Conduct Policy.

I am pretty certain the Player Conduct Policy clearly states that the first DUI or DWAI or DWI is not punishable by the NFL. He would have to get another DUI for Roger Almighty to step in, which he would, just like with Jared Allen.

I also thought TSG knew this. So why is MHR stirring the pot again. His danger with the NFL is over, done, past, history. Lets stick to football now, heh?

by The Gun Young on Sep 12, 2008 6:22 PM MDT reply actions 0 recs

I think many of us are still jumpy

Such a great start to the season, with the chance to put the Chargers in a hole, AND Brandon Marshall is back. Just incredible…we don’t want it to end! :o)

~Uffdah

by Disco_Stu on Sep 12, 2008 6:31 PM MDT up reply actions 0 recs

Sorry Gun...

You are wrong. I copied here what the conduct policy was, and if need be I will again. I didn’t do anything to “stir the pot”, it’s news, it was a pending case, and he plead guilty. While I agree with the assumption that the League knew what Marshall may plan to do, there was nothing said publicly.

A moving violation is not punishable, but a DWI and all it’s variations are. I’m not saying it will be, should be. Just stating the facts.

-TSG

SBNation's Denver Broncos Blogger
MileHighReport

Questions, Comments...E-Mail Me!
milehighreport@gmail.com

by John Bena on Sep 12, 2008 6:35 PM MDT up reply actions 0 recs

Some folks only like good news Guru.

They don’t want to hear all of the facts.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Sep 13, 2008 2:18 PM MDT up reply actions 0 recs

TGY

is correct, regarding the CBA a first offense on a DUI is not punishable. Thats why it took 2 of them to get Jared Allen suspended.

Though the end is near, Still I am not sorry

by broncfanstuckinsd on Sep 12, 2008 6:31 PM MDT reply actions 0 recs

My point isn't the DUI....

That is all Jared Allen did. Marshall has other “issues” is his pocket. Again, I am assuming this was discussed, and I am sure the NFL “advised” him to get rid of the problem, similar to Nick Barnett.

Also, Allen’s first DUI came before Roger took over, before there was a real conduct policy. When it comes to major crimes, the Commish has free reign…

-TSG

SBNation's Denver Broncos Blogger
MileHighReport

Questions, Comments...E-Mail Me!
milehighreport@gmail.com

by John Bena on Sep 12, 2008 6:38 PM MDT up reply actions 0 recs

i agree with u

i was relaying what i heard on the radio. i am over this. He wouldnt have plead if he faced more time off IMO

Though the end is near, Still I am not sorry

by broncfanstuckinsd on Sep 12, 2008 6:47 PM MDT up reply actions 0 recs

100% agree

-TSG

SBNation's Denver Broncos Blogger
MileHighReport

Questions, Comments...E-Mail Me!
milehighreport@gmail.com

by John Bena on Sep 12, 2008 6:51 PM MDT up reply actions 0 recs

I agree

I would be astonished to learn that something hadn’t been worked out with the league given this contingency.
Also, this is not “stirring the pot”. It’s news, and it’s why I sent out a Fan Post on this as soon as I heard about it.

I like a man who fights with a grin on his face. Winston Churchill.

by bradley on Sep 12, 2008 6:55 PM MDT up reply actions 0 recs

Agree as well

Even after my legal knowledge was put in it’s place. :o)

~Uffdah

by Disco_Stu on Sep 12, 2008 7:00 PM MDT up reply actions 0 recs

Conduct Policy

Again, don’t put words in my mouth. I’m not suggesting anything should be done or that this is new information, other than to say a pending court case, as well as one other pending case, have now come to a resolution. That is it.

-TSG

SBNation's Denver Broncos Blogger
MileHighReport

Questions, Comments...E-Mail Me!
milehighreport@gmail.com

by John Bena on Sep 12, 2008 6:42 PM MDT reply actions 0 recs

I actually think that the DUI does not fall under the personal conduct policy

But instead is part of the Policy and Porgram for Substances of Abuse. Here is the part that I think is relevant:

B. Alcohol-Related Offenses.
The Commissioner will review and may impose a fine, suspension, or other appropriate
discipline if a player is convicted of or admits to a violation of the law (including within
the context of a diversionary program, deferred adjudication, disposition of supervision,
or similar arrangement including but not limited to nolo contendere) relating to the use of
alcohol. Absent aggravating circumstances, discipline for a first offense will generally be
a fine of one-half (1/2) of one-seventeenth (1/17) of the amount in Paragraph 5 of the
NFL Player Contract to a maximum of $20,000. If the Commissioner finds that there
were aggravating circumstances, including but not limited to felonious conduct or serious
injury or death of third parties, and/or if the player has had prior drug or alcohol-related
misconduct, increased discipline up to and including suspension may be imposed.
Discipline for a second or subsequent offense is likely to be a suspension, the duration of
which may escalate for repeat offenses.

So it sounds like a player can be fined but not suspended for your first garden variety DUI. I am not commenting on how this applies to Marshall’s case as there were clearly other circumstances (and I am hoping that the suspension already covered this incident). I just wanted to throw the info out there for clarity (or maybe it just muddles the water more)

by MattR on Sep 12, 2008 9:06 PM MDT up reply actions 0 recs

That's the key....

And since the PCP says the Commish can suspend you for any crime that involves “conduct that imposes and inherent risk” or “Criminal Offenses involving substances of abuse” the NFL protects itself either way……

Time to put this to bed…As was stated above, I think this ship has sailed. Let’s get ready for Sunday!!!

-TSG

SBNation's Denver Broncos Blogger
MileHighReport

Questions, Comments...E-Mail Me!
milehighreport@gmail.com

by John Bena on Sep 12, 2008 9:16 PM MDT up reply actions 0 recs

Agreed

"It doesn't dissipate" ~ Mike Shanahan

by weazel on Sep 13, 2008 12:21 AM MDT up reply actions 0 recs

The "inherent risk" clause...

…clearly can be conected to driving DUI or OWI. The integrity and reputation clause are invokable as well.

While I think the matter is done, and the League won’t get involved (as this matter was already in play), it clearly had the right to give the 1 game suspension. Like you said, it’s a done deal.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Sep 13, 2008 2:29 PM MDT up reply actions 0 recs

I am very embarrassed

I read through the personal Conduct Policy like 5 times and somehow kept passing over the phrase, “Criminal offenses relating to steroids and prohibited substances, or substances of abuse”

by MattR on Sep 13, 2008 2:54 PM MDT up reply actions 0 recs

Don't be.

A wise man not only can be persuaded, but can admit pursuasion. Many folks will have the black and white pointed out to them, and try to argue to save face.

I’ll be the first to admit that I’ll never be able to figure out the salary cap rules by reading them. Without you, I’d be illiterate when it comes to that maze of technical reading.

"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" Defoe

by Steve Nichols on Sep 13, 2008 4:46 PM MDT up reply actions 0 recs

Well, I am glad that this incident is finally done with

and hopefully we won’t have to hear about anything like this for any Denver Bronco. I was startled when I glanced at the headline and for a second I was like “Oh Crap!”

Like others have said I am sure Goodell know about this when handing down the suspension as well as reducing it to just one game.

Time to start over BMarsh………use your brain this time.

"It doesn't dissipate" ~ Mike Shanahan

by weazel on Sep 12, 2008 6:56 PM MDT reply actions 0 recs