• 28
  • July
    2011

Earlier this week, a former standout player for the Denver Nuggets received a fairly steep sentence after pleading guilty to a single misdemeanor count of DUI first offense.

Jalen Rose, 38, was sentenced by Judge Kimberly Small of the 48th District Court in Oakland County, Michigan, to 93 days in jail. However, she ultimately suspended 73 days from the sentence, meaning Rose will have to serve 20 days in the Oakland County Jail.

Basketball fans here in Colorado remember Rose from his brief tenure with the Denver Nuggets. He was drafted by the team back in 1994 with the 13th overall pick in the NBA draft before being traded to the Indiana Pacers only two years later.

According to police reports, Rose, 38, crashed his Cadillac Escalade on March 11 in West Bloomfield, an affluent suburb of Detroit. A breathalyzer administered by police at the scene of the single-car accident revealed that Rose had a blood alcohol content (BAC) of .08, the legal limit in Michigan. However, a subsequent blood test indicated that his BAC was .012.

The rather stiff sentence did not come as a surprise to many legal experts in the Michigan area given the judge's tough stance on drunk driving.

"You're not here because you drank. I have no problem with that. Have at it," said Judge Small during Rose's 40-minute sentencing hearing. "I do mind when you get behind the wheel of a two-ton vehicle and use it as a weapon against the rest of us."

Rose's attorneys had argued vigorously for no jail time, pointing to his numerous contributions to communities in both Michigan and abroad, and even submitting a letter from Detroit Mayor David Bing attesting to his character.

In the end, the judge was unmoved by these arguments and chose to hand down the maximum penalty, a move that left Rose's legal team outraged.

"We have two crimes here, what my client did and what happened here today," said Keith Davidson, one of Rose's California-based attorneys. "What we have is an elected judge legislating from the bench. What we saw today was a miscarriage of justice."

It remains unclear whether Rose, who is currently employed as a basketball analyst with ESPN, will pursue an appeal of the sentence.

Stay tuned for updates from our Denver DUI/DWAI blog ...

Remember, mistakes happen. Whether you have been arrested for DUI first offense or felony DUI, it is extremely important to speak with an experienced Colorado attorney.

This post is provided for informational purposes only and is not to be construed as legal advice.

Sources:

Jalen Rose to serve 20 days in jail in drunken driving arrest (The Detroit Free Press)