ALABAMA'S DESHAWN HAND SUSPENSION?
It is my firm belief that DeShawn Hand does not deserve punishment in excess of the facts of his case. I hope not and as a matter of fact, he doesn't deserve to have an NFL career jeopardized over something as immature as a DUI. I'm not saying that he doesn't deserve some punishment for his actions. I'm not even hinting at that. What I am saying is his life should not be dictated by one event. Those actions are not DeShawn Hand. I bet he is a nice young man who made a mistake and for a large part has already been punished for his transgression. To inflict punishment on him that outweighs the facts of his case is fair. Let's not have a rush to judgment here. At best, the attendant facts of his case are mixed. He did some wrong but he did a lot of right as well.
Our Auburn friends (or however you choose to describe them) are reveling over the arrest of Hand. Was it the smart thing to do? Of course, not. But DeShawn Hand was not driving an automobile. In fact, he had the judgment not to drive an automobile. I've practiced law for almost forty years, and Alabama's DUI statute doesn't make sense with the plain meaning of the word driving.
Subsequently, we all learned that Hand was actually sleeping. I'd submit to my jury of posters that sleeping cannot nor should be construed as driving. I have no idea if he had his car keys with him. My calls to the Tuscaloosa Police Department have not resulted in my learning whether or not he did. If he didn't, it is unlikely to result in a conviction. He could not have operated the vehicle. In reality, he is being charged with something he did not do, but granted, he may have had the ability to do so at a later hour.
But here we find ourselves in a gray area. He was not driving because he realized he should not be driving according to a couple of articles I have read. That makes all the difference to me as a human being. Instead of punishing him shouldn't we be recognizing the fact that he made a correct decision?
He will be punished. The Alabama coaching staff will see to that, and I bet they will keep in mind he wasn't driving. I bet they also remember he chose not to drive. It was stupid and immature to get intoxicated. (if in fact, he was).
Suspending him for the FSU game would be the biggest mistake we could make. Judging this young man too harsh given the fact situation would be in error. I also know, and sadly so, that law enforcement officials have long since quit keeping the peace. Now they are under the impression it is their duty to arrest anyone who makes a mistake. I draw a distinct difference between keeping the peace (which entails protecting people) and enforcing our laws. He will lose his ability to drive for 90 days. He might face a suspension of his license. He will be fined between $600-$1800 dollars and could be ordered to attend a driving class that costs $50.00. That is fifty dollars a session times 32 weekends. He will also have to pay court costs and his lawyer. (I have no idea how much that might be). Court costs will be around $200.00. That mistake will cost him over $3500.00. A further draconian reaction is simply uncalled for in this matter
That is what they call unnecessary roughness in football. How much of that goes to balance the cost of running a city. I don't know. If Nick Saban suspends him it should be for the second game and whatever he views as equitable relating to team discipline. You want Hand to understand that drinking is not a good thing. Let's not ruin his career, and let's not lose our judgmental minds over a mistake where no one was injured. I understand someone potentially could have been hurt, but that is a whole different issue both criminally and civically. Here is one last comment about something that has alway bothered me. If we want to punish someone for driving and drinking why does the State of Alabama sell and tax liquor? That seems like a clear conflict of interest. #befairtoHand
Our Auburn friends (or however you choose to describe them) are reveling over the arrest of Hand. Was it the smart thing to do? Of course, not. But DeShawn Hand was not driving an automobile. In fact, he had the judgment not to drive an automobile. I've practiced law for almost forty years, and Alabama's DUI statute doesn't make sense with the plain meaning of the word driving.
Subsequently, we all learned that Hand was actually sleeping. I'd submit to my jury of posters that sleeping cannot nor should be construed as driving. I have no idea if he had his car keys with him. My calls to the Tuscaloosa Police Department have not resulted in my learning whether or not he did. If he didn't, it is unlikely to result in a conviction. He could not have operated the vehicle. In reality, he is being charged with something he did not do, but granted, he may have had the ability to do so at a later hour.
But here we find ourselves in a gray area. He was not driving because he realized he should not be driving according to a couple of articles I have read. That makes all the difference to me as a human being. Instead of punishing him shouldn't we be recognizing the fact that he made a correct decision?
He will be punished. The Alabama coaching staff will see to that, and I bet they will keep in mind he wasn't driving. I bet they also remember he chose not to drive. It was stupid and immature to get intoxicated. (if in fact, he was).
Suspending him for the FSU game would be the biggest mistake we could make. Judging this young man too harsh given the fact situation would be in error. I also know, and sadly so, that law enforcement officials have long since quit keeping the peace. Now they are under the impression it is their duty to arrest anyone who makes a mistake. I draw a distinct difference between keeping the peace (which entails protecting people) and enforcing our laws. He will lose his ability to drive for 90 days. He might face a suspension of his license. He will be fined between $600-$1800 dollars and could be ordered to attend a driving class that costs $50.00. That is fifty dollars a session times 32 weekends. He will also have to pay court costs and his lawyer. (I have no idea how much that might be). Court costs will be around $200.00. That mistake will cost him over $3500.00. A further draconian reaction is simply uncalled for in this matter
That is what they call unnecessary roughness in football. How much of that goes to balance the cost of running a city. I don't know. If Nick Saban suspends him it should be for the second game and whatever he views as equitable relating to team discipline. You want Hand to understand that drinking is not a good thing. Let's not ruin his career, and let's not lose our judgmental minds over a mistake where no one was injured. I understand someone potentially could have been hurt, but that is a whole different issue both criminally and civically. Here is one last comment about something that has alway bothered me. If we want to punish someone for driving and drinking why does the State of Alabama sell and tax liquor? That seems like a clear conflict of interest. #befairtoHand
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