From a legal perspective, this will probably have little effect on Stallworth's recent plea bargain. First, there is generally a difference between DWI and DUI. Stallworth was arrested, and pled guilty to, DUI: Driving Under the Influence [of alcohol]. By contrast, DWI stands for Driving While Intoxicated, and you can be convicted of this for driving while stoned or on some other drug, such as prescription meds (i.e., Vicodin, Xanax) or perhaps even without enough sleep (if you have been awake for 36 straight hours, driving for the past 8 hours, and crash your car because you fell asleep at the wheel, a DWI arrest is theoretically possible).
Plus, there is the notion of Lesser Included Offenses (LIO). If the elements of a DUI and a DWI are substantially similar, or maybe even identical, the defense could argue that since Stallworth already pled guilty to DUI, a prosecution for DWI could trigger Stallworth's constitutional right against double jeopardy.
Again, this all turns on Florida's statutory scheme, but there are some interesting questions at issue here.
Anyway, in other belated sports celebrity justice news, Jim Leyritz has further tarnished his already damaged reputation. Already awaiting trial for his DUI/manslaughter charge, he was arrested for domestic battery. Leyritz was a favorite among Yankees fans, and not just for his memorable 1996 World Series home run off Mark Wohlers. He was also a great interviewee, appearing on the YES Network, ESPN 1050 radio, and various other shows...plus, you could always tell that he treasured his years in pinstripes. What a sad -- and surprising -- turn of events for an athlete who had once earned the respect of the entire baseball world.
But, to leave you all on a happy note, here is a funny shoutout to all my fellow bar-exam-takers (3 weeks from today = terrifying!)
H/T Courtoons
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