Charge against Rice ‘unusual’

You may have seen this in the story about Glen Rice Jr.‘’s dismissal from the basketball team, but there were some questions about the “permitting unlawful operation” charge that he received.

The charge is what it sounds like, permitting a driver to unlawfully operate a vehicle. From the Georgia Code: “It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law."

I spoke with Noah Pines, an Atlanta criminal defense attorney, about it. He called it “unusual” and said that in 10 years as a prosecutor and eight years as a defense attorney, he’d never come across that charge and seemed to think it will be difficult to win a conviction.

“You’d have to have some sort of proof that [Rice] knew that the driver was intoxicated and he knowingly permitted him to drive anyway,” Pines said. “If you’re not intoxicated, why would you ever let an intoxicated driver drive you?”

Further, the only mention in the narrative section of the two incident reports about Rice was that he was charged. Had Rice done something to give police the impression that he had intentionally allowed London Warren to drive drunk, it would make sense for it to be in there.

With respect to Rice’s dismissal, the charge is irrelevant in that he was almost certainly going to be dismissed regardless. Still, the charge is curious, if nothing else.

As for the “DUI/less safe” charge against Warren, it is the charge typically given drivers suspected of DUI who refuse to take a breath test, which Warren did. However, the report noted that Warren was glassy-eyed, smelled of alcohol and had a hard time keeping his balance.

Thanks for reading.

Ken Sugiura, Georgia Tech blog

96 comments Add your comment

GTHD

March 14th, 2012
10:48 am

A

March 14th, 2012
10:48 am

He was a virus. Time was long past for him to go

GTHD

March 14th, 2012
10:49 am

Wow I have never done that but now that I have… The charge does seem weird and as for Warren why refuse a breath test if you don’t have something to hide.

Jacket Man

March 14th, 2012
10:50 am

Rice was not going to be with the Jackets next season even if this “event” hadn’t occurred. It just expedited the process.

GIVE ME A BREAK

March 14th, 2012
10:51 am

Good move CBG, but it should have happened sooner.

I thought...

March 14th, 2012
10:51 am

…he was charged with carrying a gun, too!?!?!?!?!?

BigTimeTechFan

March 14th, 2012
10:52 am

Yea it seemed kind of crazy when Rice was not driving or not the one who fired the gun.

Maybe it was Rice’s car, so the fact that he allowed driver to drive it shows “permitting unlawful operation”

FL Jacket

March 14th, 2012
10:59 am

Regardless…it was a bad decision. One of many…

George Stein

March 14th, 2012
11:02 am

The other passenger had a gun, I thought, for which he had a carry permit.

In other news, Calvin just got PAID. $132MM with $60MM guaranteed.

old gold and white in my veins

March 14th, 2012
11:11 am

Good riddance. Won’t be missed.

East Cobb Hokie

March 14th, 2012
11:11 am

It is always a shame to see talent wasted.

Joe

March 14th, 2012
11:12 am

Any lawyer will tell you, always refuse the test. Tests are designed to fail.

Sanity

March 14th, 2012
11:25 am

I hate to see this for the young man. But hopefully he will learn that for every decision there is a repercussion. Let’s hope he grows from this. Good luck.

Artie

March 14th, 2012
11:35 am

It was Rice’s car. Warren is Gregory’s assistant. Why is he driving a suspended students car drunk? He is under Gregory’s supervision. What is really going on over there? Rice was leaving anyway. The charge won’t stick. I’m more concerned about Gregory’s leadership at Tech. Warren was not booked either only Pryor.

DMA82

March 14th, 2012
11:51 am

@Joe….a lawyer might tell you to refuse the test, but it’s not because the tests are designed to fail….it’s because they actually work quite well. If you check the records, most officers send many more drivers back on their way after field sobriety tests than they arrest for DUI. Screening works.

HighTech

March 14th, 2012
11:53 am

Artie

March 14th, 2012
11:35 am

Warren is Gregory’s assistant. Why is he driving a suspended students car drunk? He is under Gregory’s supervision. What is really going on over there? Rice was leaving anyway. The charge won’t stick. I’m more concerned about Gregory’s leadership at Tech
——————————————————–
In a statement issued Monday, Gregory said Warren has been dismissed from the program. The status of Rice, who has been suspended from the team since Feb. 17, will be reviewed in the near future.(since updated)

“I’m deeply disappointed in the actions of these two individuals associated with our basketball program,” Gregory said in the statement.
————————————————————
Why are you concerned about Gregory’s leadership at Tech, Artie? What else would you have him do?

Michael

March 14th, 2012
11:59 am

You usually see the charge where a parent or relative lets an unlicensed relative drive the car. Or you let someone drive your car and you don’t have insurance — you also get a ticket. I had a case once where the owner of a work truck let the 16 year old, unlicensed worker drive the truck and they had a wreck — owner got a ticket. I know Noah Pines and I can’t believe he has rarely seen this charge.

Supersize that order, mutt

March 14th, 2012
11:59 am

Artie, do you think that Gregory should have provided 24/7 personal monitoring of Rice? What else could he have done?

Dunwoody Jacket

March 14th, 2012
11:59 am

I hate to see talent wasted too, but it is the right thing to do. I think it is very tough for a college coach to do something like this, but it is the only way we are going to set the expectations for personal behavior on and off the court / field for college athletes. I remember when I was a little kid, Bill Curry didn’t play his starting quarterback in a bowl game, and Tech won anyway. Obviously that is not always going to happen, but discipline has to be at the core of every team.

James

March 14th, 2012
12:08 pm

GDHD,
You refuse the test because you are not required to take it. Police often make people feel as if they have no choice, but you have the right to refuse any test, then sort it out in court.

Bernie

March 14th, 2012
12:08 pm

Nothing unusual here that does not occur on a daily basis in the Southwest part of the city. He should be thankful and very grateful he did not receive a beating or a bullet to the head and/or chest or forced to disrobe on the street, from one of Atlanta’s finest in addition to this charge.

This charge was a way to insure this individual’s participation in the TECH program would be terminated permanently. What ever officer that wrote up this charge, knew exactly the intent and expected results.
” I am going to teach this one, a lesson ” is the usual way of thinking of these type of officers.
Judge and jury!

Can you imagine the number of DUI cases where this same charge can be applied and yet it does not happen? Dear Lord, I pray that I never encounter this particular officer anywhere on the streets of Atlanta. I fear him, more than any Terrorist or Bad guy!

James

March 14th, 2012
12:11 pm

Good example: You had a few beers, and are close to the legal limit. The difference between blowing .079 and .081 is several thousand dollars, and a permanent offense on your record. I realize that you can always say that you shouldn’t be driving in the first place, but if you find yourself in the situation, it is good to know your rights.

Shinhoster

March 14th, 2012
12:13 pm

ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ

George

March 14th, 2012
12:16 pm

what a charge, but he was in the wrong as I was told by my dad do not do then you will not have to worry about how you will be treated. Regardless to what happened he was wrong. those guys need to learn how to manage them selves PERIOD.

J'boroJacket

March 14th, 2012
12:16 pm

I had heard from a former player that Rice was not very respectful to the new coach. His father also wanted him to finish out at Tech when the first suspensions took place. But with the latest suspensions and now this- it was obvious that he would leave. Young folks see things differently- as we all have at some point. The difference is who you surround yourself with and those people are who can influence you good/bad. Jr. made some bad decisions. Hopefully he will learn.

Informed Jacket

March 14th, 2012
12:18 pm

Don’t take the test. There are plenty of people with criminal records today who thought”they had nothing to hide”. There really is a shame that we have some many people who believe the government -which includes law enforcement- is always right in certain matters and that our institutions-such as the criminal justice system- function correctly so that only guilty people are arrested, charged, and punished.

lucky21

March 14th, 2012
12:19 pm

Since when do we have a good samaritan law?

Fats OKelly

March 14th, 2012
12:29 pm

Glad Rice is gone……………………too much trouble. Let somebody else deal with him.

IL Jacket

March 14th, 2012
12:31 pm

Don’t really know any of the particulars about the previous suspensions this year, but Glen Rice, Jr. was a member of the Jacket family and I always feel badly when things don’t work out for one of our family members. The young man has a lot of talent and I hope he is able to learn from his experience and find someplace where he can develop his talents. Best wishes in the future, Mr. Rice.

Tom

March 14th, 2012
1:02 pm

In other news, Calvin just got paid…..big.

By Association

March 14th, 2012
1:44 pm

Glen Rice Jr. is not responsible for someone else shooting a gun… He is not responsible for someone else driving under the influence. But he is responsible for himself getting into a car with people driving drunk and shooting. One more case of “Should have been somewhere else”. Rice Jr. getting suspended has more to do with not getting along with a coaching style … and that’s it.

By Association

March 14th, 2012
1:45 pm

…Then again it’s an election year… maybe its just payback becasue his daddy porked Sarah Palin.

mmm

March 14th, 2012
1:47 pm

what in the hell kind of gangster operation was hewitt running here??? rice is just a lazy thug! crittenton is a gun addicted MURDERER it sounds like? underachieving primadonas!

mmm

March 14th, 2012
1:48 pm

and yes congrats to CJ on his well deserved payday!

CAPT-ATL

March 14th, 2012
1:53 pm

Never take the sobriety test. Never. Even if you know you should not be driving. All you are doing is providing them with the evidence to convict you. Hines Ward refused, and charges were reduced to reckless driving. You will not lose your license for a year if you refuse. You have the right not to testify against yourself, and blowing could be tetifying against yourself well before a court apperence. George Stein, you wrote the book,,,,what say you?

ATLER (RAMBLIN WRECK)

March 14th, 2012
1:58 pm

Don’t take the test, when your pulled over for suspected DUI. They’ll have to prove in court that you were drunk.

Bobby C

March 14th, 2012
2:13 pm

Artie is a dog impersonating a real person.

Supersize asked...

March 14th, 2012
2:15 pm

…”Artie, do you think that Gregory should have provided 24/7 personal monitoring of Rice? What else could he have done?”

I have seen many Techsters, and possibly even you, Supersize, say the same thing about the UGA kids and what their coaches should be doing – you can’t have it both ways, guys – oh, yeah, Techsters do like to think that their athletes are better “citizens” than UGA athletes, who, as some of you like to say, “you can’t spell THUGS without UG(a)”…

As others have said...

March 14th, 2012
2:17 pm

…in other news, congratulations to Calvin – that is some big payday – evidently he learned how NOT to act, even though he is in one of the most desperate cities (Detroit) 6-9 months out of the year…

DUI pro

March 14th, 2012
2:18 pm

“Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license of privilege to drive on the highways of this state will be suspended for a minimum period of one year. You refusal to submit to the required testing may be offered into evidence against you at trial.” O.C.G.A. 40-5-67.1

BUZZ

March 14th, 2012
2:44 pm

Does this mean we have another scholly to offer??? There are some quality basketballers not decided yet!!! Who could we offer it to KEN????

roadrunner

March 14th, 2012
2:45 pm

I see that UGA is not the only school that has thug students..

Really?

March 14th, 2012
3:04 pm

Wow there is a lot more to this story that has been told so far.

Not surprised

March 14th, 2012
3:04 pm

Rice, Jr. was a punk at Walton, he was a punk at GT, and he will always be a punk.

Dumb Dwags

March 14th, 2012
3:06 pm

headley lamar

March 13th, 2012
4:51 pm
Chip, Name on school in the SEC more strict than UGA

There isn’t one. UGA is the toughest school in the SEC and has one of the toughest drug policies in the Nation.

Dumb Dwags

March 14th, 2012
3:07 pm

dawgfan

March 13th, 2012
3:30 pm
I used to buy Richt’s line on this but now I’m starting to think there is a correlation between this stuff and what happens on the field. When these guys get arrested it tells me that they don’t take their position on the team seriously and if they don’t take it seriously how would they be giving their best effort on Saturdays? And let me tell you one thing about these arrests: where there is smoke there is fire. We only hear about the ones that get caught. I don’t believe for a second that Brandon Smith is the only one that smokes up or that Sanders Commings is the only one that roughs up his girlfriend. Maybe that’s not fair but its also logical. There are simply TOO MANY of these stupid arrests for these to be isolated incidents. I’m tired of it. If Richt’s discipline procedures aren’t working then maybe he is recruiting the wrong kind of guys to begin with.

No SEC Title since 2005. No victories over an elite opponent in years and years and years. Meanwhile, the embarrassing arrests and suspensions continue to mount. At what point do we stop the madness people?

Thanks.

Dumb Dwags

March 14th, 2012
3:08 pm

realisticfan

March 13th, 2012
4:24 pm
Chip, how disappointing that you and all the sports talk guys and the columnists at the AJC constantly want to blame Richt for college kids doing stupid things. Are you suggesting that Tech and Bama and Fla and every other school in the South didn’t recruit Smith or Orson or Sanders Cummings? And if you put the arrest record of other SEC schools in your colum would it be any different. Betting Tenn and Fla and Ala and Clemson and SC , etc. would be all the same. Now Tech has had a recent athlete involved in shooting out of his car, another shoot and kill a young woman on the street, have had arrests for selling pot and rape, and OD of a baseball player, yet there is never anything about Tech having problems. And if I am not mistaken they are on probation for the second time in 4 years for Cheating and now lying about it. So why all the articles about Ga. Don’t think we have had any arrests for shooting guns, Rape, selling pot. But yes, a lot of arrests for drinking and speeding. Things all college kids do.

Dumb Dwags

March 14th, 2012
3:09 pm

RedandBlackDAWG

March 13th, 2012
10:12 am
Another topic, made to increase readership, as all of the negative commentators on this blog can have a field day with this one Chip. With so much other news that could have an article written up on UGA, for instance recruiting news and the such, you chose to write articles, you know will lead to a lot of web hits, most of which will be from negative people.

GwinnettDad

March 14th, 2012
3:23 pm

“Bad boy, bad boy, whatcha gonna do? Whatcha gonna do when they come for you?”

Seems only a matter of time until Glen Rice will be making little rocks out of big rocks for the State of Georgia for a very long time.

A

March 14th, 2012
3:27 pm

jury found vir tech negligent for delaying warnings in 2007 killings! wow. familes awarded 4 million each.