Carmelo Anthony DUI Free Throw
Driving under the Influence (DUI) Statute:
It is a misdemeanor for any person to drive any vehicle in the state of Colorado when the person's Blood Alcohol Content (BAC) is 0.08 or more at the time of driving or within two hours after driving. With that BAC level, a person is deemed to be driving under the influence after consuming alcohol and/or drugs in an amount that leaves you either mentally or physically impaired to safely operate a motor vehicle. Also, under Colorado's Driving while Ability impaired statute, it is also a misdemeanor to operate a motor vehicle even if your ability to operate that vehicle is only slightly impaired after consuming drugs and/or alcohol.
Recently, Denver Nuggets superstar and NBA All Star Carmelo Anthony pleaded guilty to the charge of driving while ability impaired (DWI) and failing to stay in a single lane. In return, he was sentenced to community service, probation and ordered to pay a fine. DWI is a lesser offense in that your ability to safely operate a motor vehicle need only be slightly impaired after you have consumed alcohol and/or drugs instead of being completely high and/or drunk as with a DUI. Carmelo caught a big break since in exchange for the plea deal, the prosecutors dropped the more serious DUI charge he was originally arrested on April 14, 2008 after failing several field sobriety tests.
Carmelo and his high priced attorneys are not happy with the sentence arguing that if he was not such a high profile basketball star that he could have gotten a better plea deal. They neglect that fact that if he were convicted of a DUI, Carmelo could have faced up to one year in jail. Do not forget that he was operating a car while drunk and swerving down the road. He could have injured or killed someone, caused property damage or hurt himself. Instead, no one was injured, he was chauffeured to a nearby hotel by the arresting officers instead of carted off to jail and given community service and probation as well as a fine that probably amounts to what he makes within the first 30 seconds of a Nuggets game.
The reasoning behind the defense arguing for a lesser penalty can only amount to Carmelo not wanting to suffer any consequences for his actions. Neither DUI nor DWI require any intent or malice for a conviction. Instead, guilt or innocence is decided strictly on a PER SE or bright line basis: the BAC level. Personally, I think Carmelo received a fair, if not light, punishment. He operated a motor vehicle while impaired by alcohol which could have ended in a far worse scenario than community service and probation (i.e. Nick Hogan).
In the end it comes down to this: Carmelo chose to drive a car drunk and now must suffer the consequences for that decision. Being the superstar he is, he can first go represent the United States in the Olympics then come back and start his sentence.
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