At times, it may seem as though a different public figure is facing legal challenges on a daily basis. Because of this, it may be easy to overlook some of the important issues involved in their cases. This may be the case for former professional football player Bernie Kosar, who was recently charged for driving while intoxicated.
Police reports say that the former Cleveland Browns quarterback failed field sobriety tests. In response to the situation, Kosar said that sports-related injuries prevented him from being able to pass two of the standard tests administered by police. He said that his offensive line was unable to prevent serious injuries to his knees and ankle, which have required several surgeries.
Though reports have made light of Kosar’s arrest and his explanation for failing the field sobriety tests, drunk driving charges are no laughing matter. If a person is convicted for DWI, he or she may face a number of challenges, including damage to their personal and professional reputation. For public figures, this is obviously very important.
The reality is that some people may not be able to pass field sobriety tests due to physical limitations or injuries. If this issue presents itself, it may be critical to consider the totality of circumstances when handling a drunk driving case. Test results could be thrown out of court if it’s demonstrated that police officers drew incorrect conclusions about a defendant’s performance in field sobriety tests.
Beyond the field sobriety tests, the officers who arrested Kosar claim that he was slurring his speech, smelled of alcohol and refused to take a Breathalyzer test. Refusing to take a breath test alone can result in charges.
Over the last several years, it’s been noted that Kosar has struggled personally after retiring from the NFL. The hope is that this circumstance is also taken into account as the case moves forward. Kosar might benefit most from rehabilitation, as he continues to deal with life off the field.
Source: NBC Sports, “Kosar blames inability to perform field sobriety test on his offensive line,” Mike Florio, Oct. 2, 2013