Wednesday, January 10, 2007

Former University of Virginia Football Coach George Welsh Charged with DUI in Virgina

Former University of Virginia football coach George Welsh faces a charge of driving under the influence (DUI) in Albemarle County Virginia.

Welsh's first appearance in Albemarle County General District Court is scheduled for tomorrow morning.

The news reports stated that Welsh, age 73, failed a field sobriety test and that he also was charged with Refusal to take a breath test. Expect the prosecution to have a very difficult time proving their case if Welsh was only given one field test. For example, if the test Welsh failed, was the field alcosensor, this result is not admissible at trial. If he failed the walk-and-turn or the one-leg stand, the instructions for these tests say that they should not be given if the accused is 50 or more pounds overweight, suffers from a disablility, or is over age 60. Thus, an experienced defense attorney who is aware of the insructions, will be able to keep the results of these tests out of evidence.

Just today, Bob Battle obtained an acquittal on a DUI in Arlington, Virginia, for a client who was more than 50 pounds overweight and was still asked by the officer to try the one-leg stand and heel-to-toe tests. This is another great example of 1 of the 8 secrets Bob Battle Reveals in his article, "Ex-Prosecutor Bob Battle Reveals: 8 Secrets Your Prosecutor Doesn’t Want You To Know About Your Virginia DUI"- The police officer did not follow proper procedures for the field sobriety tests.

Perhaps Welsh will offer a novel defense at trial- he has to drink heavily to try to forget that the coach who replaced him, Al Groh, is making millions to field a team that is not even bowl eligible!


For more about George Welsh's case, click here.

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