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Prosecutor drops DUI charge against Derek Lowe

May 26, 2011, 5:28 PM EDT

derek lowe mugshot

A court case involving a Braves player is Craig’s territory and then some, but since he’s off coaching soccer games or some other such nonsense I’ll give it a try …

According to the Associated Press the DUI and reckless driving charges against Derek Lowe have been dropped by the prosecuting attorney in Atlanta “for a lack of evidence.”

Lowe is hardly the only big leaguer to be charged with a DUI this season, but he is the only guy accused of “racing another driver” at the time of the arrest.

However, according to Lowe’s lawyer he “did remarkably well” on the field sobriety test administered by police and allegations about racing were “absolutely unfounded.”

  1. bjavie - May 26, 2011 at 5:38 PM

    “did remarkably well”

    What? If one were sober, shouldn’t the expectation be that they ACE a field sobriety test. I mean, I am pretty sure that if I had 20 beers and passed a few tests, but overall failed, that someone could say, “Boy, considering Javie was $#!% faced, he did remarkably well on the field sobriety test.”

    “Sure couldn’t spell his name, but he walked the line just fine. As for the follow the pen trick, I figured he just had a lazy eye. Really, he did remarkably well.” – Johnny Law

    • bjavie - May 26, 2011 at 5:42 PM

      And I am not implying that Derek Lowe is guilty. My comments are directed at the lawyer.

    • baseballisboring - May 26, 2011 at 7:14 PM

      …right? Being able to walk a straight line while sober is in no way remarkable

    • ThatGuy - May 26, 2011 at 11:26 PM

      Got to be honest. Im a clumsy fella, not sure I could pass a sobriety test sober.

  2. jimbo1949 - May 26, 2011 at 5:48 PM

    “for a lack of evidence.”

    In other words the cops after figuring out who he was decided that they didn’t want the hassle.
    Entitled, coddled and catered to.
    Sure hope he doesn’t kill somebody next time.

    • genericcommenter - May 26, 2011 at 10:38 PM

      Might depend less on who you are than 1. if you can afford a lawyer and 2. refused to blow. Even though states make laws that make it seem like refusing a breathalyzer is just as bad as failing- it isn’t. The field test is easier to challenge- plenty of people can fail it sober or for some other reason. They don’t have the evidence of the BAC. Heck, even the BAC number can be challenged if you can afford the expert testimony ( I know college professors who do that for a couple grand) and can pay the lawyer to keep filing motions and bother the prosecutor to drop it.

      Of course you need both those elements ( lack of evidence and abundance of legal funds). If you or I refused to incriminate ourselves we’d probably still get screwed without the legal help to pull it off.

      I know of plenty of people who were drunk as hell and even in accidents but could afford the defense and got witnesses to testify and got off. Then I know some who had a few drinks and weren’t even drunk at all, no prior anything, and were convicted, sentenced to jail, and basically made unemployable for life. If you want to drink and drive ( which is stupid anyway), be rich and/or be a judge or senator.

  3. wurst2first - May 26, 2011 at 6:03 PM

    Sweet Glamour Shot, bro.

  4. deathmonkey41 - May 26, 2011 at 6:24 PM

    This sort of puts Craig’s little story about how a NYC cop fixed a ticket for A-Rod in perspective. Something tells me that if this was you or I, we’d be losing our license and doing a boatload of community service right now.

    • bleedgreen - May 26, 2011 at 7:48 PM

      I was just going to ask when the article about Atlanta cops fixing tickets for players was going to be written.

  5. rcali - May 26, 2011 at 10:33 PM

    Money buys everything.

  6. halladaysbicepts - May 26, 2011 at 11:58 PM

    Then, upon hearing the news that the prosecution dropped the charges, Lowe went out to celebrate and tie one on.

  7. cup0pizza - May 27, 2011 at 3:53 AM

    Lowe seems like a nice guy, so I’m cool with him getting over on the man. Whatever.

  8. PanchoHerreraFanClub - May 27, 2011 at 8:39 AM

    It is nice to know that the prosecuting attorney is both a Braves and Ben Franklin fan.

  9. Jonny 5 - May 27, 2011 at 10:36 AM

    Wow, in my state refusal equals guilt in a DUI case. Georgia is kinda behind the times here.

  10. expertbeacon - May 27, 2011 at 10:55 AM

    Derek should have read this on what to do if you get pulled over for a DUI check. http://bit.ly/fxgNtA

  11. opiedamus - May 27, 2011 at 2:40 PM

    Where are all the folks that commented that he was up the creek w/out a paddle? I brought it up when Craig 1st posted the story, Lowe was innocent until proven guilty contrary to what was being peddled. Glad to see you guys posted this, but disappointed that Craig didn’t write the post and say, “my bad, I was a little too quick to judge.”

    Clearly, the video did not show him drunk otherwise the prosecution would’ve been hell bent on trying to convict him. If he would’ve pled to a lesser charge, you could blame it on money and celebrity status. Dropping the charges = a mistake by the officer. Believe it or not, this is why I said the laws for DUI are unconstitutional & many of the arrests are made due to local gov’t needing revenue & perks the officers receive for arrests made…not convictions.

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