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49er Arrested For DUI And Marijuana Possession Will Not Play This Weekend

San Francisco 49ers special teamer and two-way player Demarcus Dobbs will not travel with the team to St. Louis this weekend due to an arrest early Friday morning. A California Highway Patrol spokesman told CSNBayArea.com that Dobbs, who turned 25 on Friday, was involved in a single car accident in Santa Clara at 3:45 a.m. CHP suspected he was under the influence of alcohol and was also arrested for possession of marijuana. Dobbs was not injured in the crash.

The Court Process

Dobbs will likely be given a court date next month in Santa Clara County. If he retains an attorney, he will not need to appear in court because the charges are misdemeanors. Dobbs would be wise to retain an attorney right away because if he was issued a notice of an Admin Per Se (APS) suspension, he only has 10 days from the time of his arrest to request a DMV hearing to fight the upcoming suspension of his driver’s license. At the arraignment, his attorney would receive copies of the police report. After reviewing the reports, the attorney may want to investigate the crash, inspect the records of any alcohol testing device used, criticize any field sobriety tests, and seek to suppress any damaging statements Dobbs may have made. Ultimately the attorney will determine if the prosecution can prove that Dobbs was truly the driver when the car crashed and if his blood alcohol level was above .08% at the time of the accident.

If Dobbs is convicted of DUI, he faces a hefty fine, the suspension of his driving privilege, a DUI education program, and jail time. In all likelihood, Dobbs will never see the inside of a jail cell for this case. Any jail time imposed would probably be converted to a work program or community service.

Possession Of Marijuana

Early reports indicate that Dobbs was in possession of marijuana. Authorities have not revealed how much marijuana Dobbs is alleged to have possessed. If it was less than an ounce, the offense is only an infraction punishable by a $100 fine. However, if Dobbs has a physician’s recommendation for the use of medical marijuana, he would not have to face any penalty for the possession. In addition, if he did have a recommendation to use medical marijuana, his attorney could petition the court to have the seized marijuana returned to him.

A Unique Hybrid Player

Dobbs, who played collegiately at the University of Georgia, was signed as an undrafted free agent by the 49ers in 2011. Dobbs played defensive end in college, but during the 2012 preseason he started playing tight end as well. He currently wears number 83 to reflect his increased role as a tight end. The 49ers coaching staff often calls on Dobbs, who weighs 275 pounds, to join the offense in the “jumbo package” to block in short yardage situations. Dobbs plays on every unit of the 49ers’ special teams. Dobbs’ salary for 2012 is $465,000.

If Dobbs is ultimately convicted and his license is suspended, it would be an opportune time for him to learn to rely on sober friends, taxis, and limos for transportation.

If you have questions about a DUI or marijuana possession case, contact an attorney well versed in handling both driving offenses and all types of drug possession offenses.

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