Category: Celebrity DUI and DWI

From the Desk of Fairfax Virginia DUI Attorney Paul McGlone, December 31, 2008:

The National News Media has jumped on the Charles Barkley story overnight.   However, their story Misses one key ingredient:

Reportedly, Former NBA Star Charles Barkley was arrested in Scottsdale, Arizona on suspicion of Driving While Intoxicated.   Media reports say that Charles Barkley ran a stop sign, had alcohol on his breath, and failed "Standard Field Sobriety Tests". 
What nobody seems to mention, but it is obvious to any Criminal Defense Attorney, is that Charles Barkley is Innocent of these charges!    Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th and 14th amendments.

Charles Barkley and every other citizen-- every PERSON, in fact--  accused of a criminal act in the United States, is Presumed to be Innocent at every stage of the proceeding until such time as he is found guilty of the offense by a court of competent jurisdiction. 

Furthermore, According to Fairfax Virginia DUI Attorney Paul McGlone, the Standardized Field Sobriety Tests are not deemed to be valid for a person who is more than a certain amount above the ideal weight for their age and height.   Barkley is 45 years old, and played with a listed  Height of 6' 6", but lately he is well above his listed playing weight of 252.   If he is over 300 pounds, the Standardized Field Sobriety Tests developed by the National Highway Traffic Safety Administration.

There is no breath test, and we really won't know much about whether Mr. Barkley is likely to be convicted of this charge until the results of the Blood test are revealed.   Hopefully, Mr. Barkley will hire one of the top Arizona DUI Attorneys, like James Nesci or Ed Loss.  

Paul McGlone
pmcglone@mcglonelaw.com
www.McGloneLaw.com