The Digital Collegian - Published independently by students at Penn State
NEWS
[ Monday, Feb. 2, 2004 ]

Johnson tries to avoid trial

Collegian Staff Writer

Penn State football player Tony Johnson recently filed pre-trial motions to try to prevent his charges of driving under the influence from going to trial.

Johnson's attorneys, Lee Nollau and Anthony De Boef, filed two motions to suppress evidence obtained by police and one motion to "quash" Johnson's case.

Johnson was charged with DUI after University Police stopped him at about 3 a.m. on Oct. 17 while he was driving on Park Avenue. According to police reports, Johnson was driving 30 mph on Bigler Road, which has a speed limit of 15 mph. The officer who stopped Johnson reported seeing the wheels of Johnson's car cross over the double yellow line twice.

Johnson failed a field sobriety test and consented to a blood alcohol test. The test showed his blood alcohol to be 0.136 percent, above Pennsylvania's legal limit of 0.08.

In court documents, Johnson's attorneys argued that Johnson's detention and arrest were in violation of both the Pennsylvania and U.S. constitutions, for several reasons.

The motion says that the officer did not have reasonable suspicion to believe Johnson was involved in criminal activity when he was pulled over, and that the officer did not have probable cause to believe Johnson had committed a traffic violation. It also says Johnson did not consent to the detention.

In a second motion to suppress, Johnson's attorneys argued that Johnson was not fully advised of his Miranda rights, that he did not knowingly waive his Miranda rights and he was interrogated before he waived those rights.

Nathan Boob, who is the prosecutor in Johnson's case, would not comment on the motions.

Defense attorney De Boef did not return a call to his office.

A hearing for the pre-trial motions is scheduled for 3 p.m. on Feb. 24.

 



TOP  HOME
Blogs  About  Contact Us  Back Issues  Advertising 

Copyright © 2009 Collegian Inc.