Prosecutors to seek dismissal of DUI case against Titans QB
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Prosecutors said Thursday they will seek to drop drunken driving and gun charges against Tennessee Titans quarterback Steve McNair because a judge ruled two weeks ago that police didn’t have sufficient cause to stop him. District Attorney Torry Johnson said he decided not to appeal the July 22 decision by Judge Cheryl Blackburn that effectively eliminated all police evidence in the case, including a breath test that showed McNair was intoxicated. Instead, Johnson will ask Blackburn to dismiss the case at a hearing Friday. “While her conclusion is contrary to our position, I cannot say it is illogical or clearly wrong and neither would an appellate court,” Johnson said. McNair was arrested in May 2003 while driving his sport utility vehicle in downtown Nashville. His blood alcohol content registered at 0.18%, almost twice the 0.10 level then used to define driving under the influence, according to a police report. The DUI threshold has since been lowered to 0.08%. The quarterback was at practice when Johnson announced his decision, but he said Thursday evening that he and his family were happy to have a conclusion. “I went through the process, went through the system and today was finally a decision on it. It’s been tough, and I’m just glad that it’s over,” McNair said. In last month’s order, Blackburn ruled that a police video didn’t show McNair’s vehicle weaving outside his lane of traffic and that officer Shawn Taylor did not have a reason to stop him. That ruling meant all evidence gathered after the stop, including a gun found in McNair’s car and the blood alcohol test, was excluded. Johnson said Blackburn made her decision based on law and not because of the celebrity status of the quarterback, who shared the NFL co-MVP award last season. He said she would have made the same decision for any citizen and should be commended for that. McNair has been criticized since the arrest for not taking his punishment. Johnson pointed out that anyone arrested for drunken driving in a similar situation who hired an attorney even vaguely familiar with the law would have challenged the stop. He said McNair has been through plenty of notoriety with the arrest and subsequent hearings. “Hopefully, he has learned a valuable lesson,” Johnson said. McNair, who can ask to have the arrest expunged from his record, said he always has taken the incident very seriously. “I stated earlier I guarantee you I won’t put myself in that position again, and that’s something I will live up to,” he said. His attorney, Roger May, called Johnson’s statement fair and reasonable. In asking the judge to suppress evidence from the arrest, May had cited several cases that included two people represented by public defenders. Titans coach Jeff Fisher said he was excited for McNair that the case finally has come to an end. “We’ve supported Steve. Steve took responsibility for the incident, and I’m glad things are working out for him and glad that we can finally put it to rest,” Fisher said. |