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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 percent, 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 percent.
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 was at practice Thursday afternoon and was not immediately available for comment. He can ask to have his arrest expunged from his record if he chooses.
Source: AP
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 percent, 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 percent.
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 was at practice Thursday afternoon and was not immediately available for comment. He can ask to have his arrest expunged from his record if he chooses.
Source: AP
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