Lynch camp confident there will be no suspension in 2012


In the wake of Marshawn Lynch’s recent DUI arrest, the knee-jerk (and ultimately not accurate) reaction by many in the media was that Lynch inevitably will be suspended for a not-so-small chunk of the 2012 season.

That belief is wrong, for two reasons.  Which makes the Lynch camp confident, we’re told, that Lynch won’t be suspended in 2012.

First, and as we previously have explained, Lynch’s DUI arrest falls not under the personal-conduct policy but the substance-abuse policy.  And the substance-abuse policy states that, ordinarily, a first-offense DUI results in a fine in the amount of two game checks.

Thus, while Lynch has had a couple of incidents under the personal-conduct policy, Lynch never has been charged with or convicted of DUI.  If/when he is, he’ll be suspended only if the league finds “aggravating circumstances,” whatever that may mean.

Second, and perhaps most importantly, Lynch can’t be disciplined for DUI until he’s convicted of or pleads guilty to DUI.  Since the legal system typically moves fairly slowly, it’s unlikely that Lynch’s case would be resolved in court and his discipline resolved by the league and his appeal be heard and finalized, again by the league.

So unless the incident causes the Seahawks to give Lynch fewer reps, the arrest will have no impact on the player in 2012.

10 responses to “Lynch camp confident there will be no suspension in 2012

  1. On June 14, 2006, Lynch was the victim of mistaken identity when unknown assailants shot at his car outside his high school alma mater as he was about to visit his little sister on her graduation day. He was not the intended target of the shooting, and no one was injured. The shooter phoned Lynch’s mother to apologize.[35]

    On January 25, 2007, Lynch was accused of sexual assault by his former girlfriend. The incident reportedly happened on December 13, 2006, outside the woman’s home in Emeryville, California. On January 29, 2007, an Alameda County Deputy District Attorney who specializes in domestic violence cases declined to press charges, citing a lack of evidence and “grave inconsistencies” in the alleged victim’s accusations.[36] Lynch was never arrested or charged.

    On March 3, 2007, an Alameda County judge threw out a restraining order that Lynch’s ex-girlfriend had issued against him because it was obtained improperly.[37]

    During June 2008, Lynch was investigated for his involvement in a hit and run accident that occurred in Buffalo on May 31, 2008. His 2008 Porsche Cayenne struck and injured Kimberley Shpeley, of Ontario, Canada, before leaving the scene. It should be noted that Shpeley was extremely intoxicated, and dancing in the middle of the street.[38][39] After the 27-day saga, on June 26, 2008, Lynch apologized and accepted a guilty plea to a single count of failure to exercise due care to avoid striking a pedestrian, a traffic violation. He was assessed a $100 fine, and his driver’s license and car registration were revoked. Because a Buffalo police officer gave testimony that Shpeley did not suffer “severe physical injury,” Lynch avoided criminal charges for the incident.[40] Lynch was later sued by Shpeley on December 28, 2009 for negligence.[41]

    Three days after his 2009 Pro Bowl appearance, Lynch was arrested on February 11 in Culver City, California. Lynch and two companions were sitting in a running 2006 Mercedes-Benz when police approached; after smelling marijuana, the police searched the car and discovered a loaded gun that was determined to belong to Lynch. He was released the same day after posting $35,000 bail.[42] Lynch’s felony charge was reduced to three misdemeanors, and no drug charges were filed.[43] On March 5, Lynch pled guilty to a single misdemeanor gun charge and was sentenced to three years of probation, and 80 hours of community service. He also agreed to submit to police searches at any time. The two other misdemeanor gun charges were dismissed.[44]

    Lynch was accused of stealing $20 from the wife of a Buffalo police officer in a local TGI Friday’s on December 7, 2009. A complaint was filed against him the next day but no charges were ever filed.[45][46]

    On July 15, 2012, Lynch was arrested in the Oakland area in the investigation of DUI.

  2. sure, little or no charges, but sheesh…coincidence he just happens to be at the wrong place at the wrong time?….always….?

  3. If Goodell is so intent on protecting the shield he better come down hard on some of the athletes getting arrested every other second. Because if the only news you read each morning is fill in the blank player arrested for dui last night. That can’t be good pr.

  4. dstep24 says:
    Jul 19, 2012 6:09 PM
    Cue ‘Niners fans putting their lawyer hats on…
    —————————— ———–
    Not really!!! 9ER fans know that marshawn ran his heart out in a contract year!!Now seacawk fans are about to find out why the Bills were so quick to trade him!! With money in the bank their is no need for him to run like he use too!!Marshawn is not looking to be great, he was looking to get paid!! Do people actually think he ran like that his previous season & it went unnoticed??? Two words “CONTRACT YEAR”

  5. I think one must assume where there is smoke (in this case a number of repeated smokes) there is probably fire. Sure, things can happen and people can be in the wrong place at the wrong time but there is a long pattern of questionable and possibly illegal behavior. There is a huge percentage of the civilian population, and most NFL players, who have no allegations and no arrests and no citations and no charges. It is not coincidence that one person winds up involved in so many incidents over just a few years.

  6. Lynch’s plan is to convince them he was beta testing the new Vodka flavored Skittles.

  7. Thank you mike for being the first person to state what all precedent has shown all along despite dozens of media commentators talking about suspensions from 4-6 weeks with facts made out of completely thin air. Look at Goodell’s history, look at the delays in the California court system and I cannot see a way the league will take action in 2012. A game in 2013, maybe, but of the many dozens who have gotten DUIs, I see little history outside of Donte Stallworth’s that was combined with manslaughter that resulted in suspension from Roger.

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