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
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96 comments Add your comment
snellville jacket
March 14th, 2012
3:52 pm
First off folks it is not a filed sobriety test but rather an evaluation.
Asdf124
March 14th, 2012
5:19 pm
DMA82 -”. 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.”
Nonsense – you are making that up; police don’t keep records and statistics of who they don’t arrest. And to all- you can still get a DUI if you blow BELOW a .08. In fact, you can get charged if you blow below a .05 too, however, if you blow .05 or less, the jury is instructed that there is a presumption that you were not less safe unless the prosecution overcomes that presumption. You can get charged with ANY amount of alcohol in your system, though a good solicitor would likely not pursue below .05. Many people are charged with a BAC below .08, however.
Rev Al
March 14th, 2012
5:42 pm
I donse want to havta cum down dare! Where Jessee?
Michael
March 14th, 2012
5:43 pm
Anything over .05 will get you arrested for DUI.
oscar the grouch
March 14th, 2012
5:45 pm
@ DMA82: that is just plain dirt dumb and ignorant.
@ Dui pro: That is the correct “copying” of the law as it is written. However, there are many things it does not say and does not apply to roadside testing…..which makes DMA82 assertion even dumber-er….
Asdf124
March 14th, 2012
5:45 pm
snellville jacket – “First off folks it is not a filed sobriety test but rather an evaluation.”
That’s semantics; it’s a test.
Find x number of clues = authorization for arrest
So, if defendant cannot do the exercises w/o getting to x, they “fail” and are arrested
dumb
March 14th, 2012
5:47 pm
Perhaps it’s that weird “Junior” name business.
Hope he finds his own way, now.
swarmi
March 14th, 2012
7:19 pm
Hate it for Rice and hate it for Tech…I normally enjoyed watching him play.
dagnabit
March 14th, 2012
7:28 pm
I don’t understand anything about this but, I do understand DUI and I say “let’em go”. Preferably out of the state.
Buzzzed
March 14th, 2012
8:00 pm
I’ll miss the 30% of the games where Rice was in the mood to play. Too bad, he was the best player on the team when he felt file playing.
Screw the cop that made up that charge on Rice. He ought to be fired too.
al
March 14th, 2012
8:03 pm
can he plat football? The Bull Dogs may be looking for a few new felons!
Why was Glen Rice Jr. in a car when a gun was fired? | CollegeBasketballTalk
March 14th, 2012
8:10 pm
[...] That charge, however, is rare: 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. [...]
steverino
March 14th, 2012
8:52 pm
All DUI’s are 100% preventable. Anyone who drinks ANY amount and gets behind the wheel deserves whatever inconvenience comes their way.
Artie
March 14th, 2012
9:34 pm
The last time I checked Warren is not associated with Hewitt in anyway-only Gregory. So when you go so far as to blame Hewitt for GT “Thugs” I guess you would include him in that group. Gregory is a control freak little coach. He doesn’t want any athlete on his team that he can not brainwash. Rice Jr. will do better wherever he goes. I do recall him being student athlete of the week at GT in the past. Amazing how small minds always seek to reduce others to their level! A lot of small minds on this blog or maybe just racist.
Shia23
March 14th, 2012
10:07 pm
Bogus charge! We live in the state of Georgia where it is now being debated as to whether or not students should be allowed to carry a gun on campus. You allow anyone to have a gun and then call it a crime if it is “accidentally discharged’ I attend GT and if students are allowed to carry guns on campus there will be many more “accidental discharges”. Maybe one of us innocent people not carrying a gun will be the victim. It seems pointless to accuse Rice of being responsible unless everyone else will be treated the same.
Michael
March 14th, 2012
10:11 pm
The gun proponents always pretend that every legal gun owner will be responsible or will draw on the robber at the store. Somehow with a few hours of training, people that can’t drive a car straight will now be able to take care of their sidearms?
Mikes
March 14th, 2012
10:19 pm
I will miss watching Rice play. Kid has great talent he needs to use it more. The good thing about being young is you can correct your mistakes and be successful in life. He needs to surround himself with good people who motivate and inspire him, then he will thrive. He needs to leave his bad influences and focus on his future. The coach didn’t want him on HIS team anymore. A pure power move. GT basketball program is in trouble.
gtbuzz
March 14th, 2012
10:20 pm
You did it right CBG! Now let’s move on and make Tech a contender again re basketball!
thUGA!!!!
March 14th, 2012
10:24 pm
This just proves that CMR gets all the criminals at thUGA…wait a second….
tired from all the frustrations of being a yellow jacket
March 14th, 2012
10:50 pm
Never take the breath analyzer test. Why should you help the state convict you? Just use the Obama defense-don’t show up for court either. If the chief head knocker doesn’t have to honor a subpoena-why should you. One other thing, If you get stopped, NEVER admit tom having even a single drink. if you admit to having just one, then that gives these cops the incentive and legal right to pursue a drinking and driving charge. To a man they all are wanting to nail your ass. It makes their shift go by quicker.
Dawghater
March 14th, 2012
10:57 pm
UGA tells him to take 5 min on the bench and your good! It’s called accountability!
tired from all the frustrations of being a yellow jacket
March 14th, 2012
10:58 pm
You morons defending Rice Jr and attacking the coach could not find your own ass with a six man working party. Are you so stupid as to think that the coach went out of his way to deep sink his most talented (not much to compare to) player. Any fan who has watched GT play this year would have to be blind to not see that Rice was a cancer on the team. He probably had more chances to get right than he deserved. Tech will be better in the long run by letting these prima donnas who are using the Colleges a s a springboard to the tattooed thug league anyway know that there are limits at GT>
Paddy
March 15th, 2012
6:30 am
Artie…….CG did what had to be done when he received all the facts. Is that not what you want out of your HC? Why are you questioning his leadership?
Corbin
March 15th, 2012
7:44 am
Why was London not arrested if he was intoxicated? The whole thing stinks. CBG needs to be looked at too. I agree with Artie.
HighTech
March 15th, 2012
7:55 am
Artie
March 14th, 2012
9:34 pm
The last time I checked Warren is not associated with Hewitt in anyway-only Gregory. So when you go so far as to blame Hewitt for GT “Thugs” I guess you would include him in that group. Gregory is a control freak little coach. He doesn’t want any athlete on his team that he can not brainwash. Rice Jr. will do better wherever he goes. I do recall him being student athlete of the week at GT in the past. Amazing how small minds always seek to reduce others to their level! A lot of small minds on this blog or maybe just racist.
———————————————-
Artie
March 5th, 2012
10:37 pm
Go UNC!!! Definitely not a Tech fan but liked Rice Jr.
—————————————–
Why the concern about Gregory if you are not a Tech fan?
GT
March 15th, 2012
8:09 am
I blame Hewitt for the thugs. SI wrote an article about how the same pool of athletes from the AAU are running the UCLA program.
Raise the damn limit
March 15th, 2012
8:57 am
How about a .12 for the legal limit so if I have one or two drinks at dinner I can drive home without fear of going to prison. The governement makes a fortune on this process and half of the drivers charged present no more danger based on their level of intoxication than someone on the phone or dinking coffee while driving or talking to the persons in the car with them, yet one is a criminal with a permanent record. MADD has gone too far. We have seen the level of drunk that belongs in Jail. It is not a .09
BobinBuford
March 15th, 2012
9:58 am
Hey tired……
The “subpeona” that Obama ignored was from some ididotic “birther” who claims he is not qualified to be President. Are you telling me that the lawyer for this clown really expected him to show up?? Or was it just some publicity gimmick he could use before the case got thrown out of court?? Maybe he should have called on Sheriff Joe in Arizona to bring his findings instead. I would think he has better things to do, like cleaning up the mess ol’ W. left instead of coming to Georgia for this.
Ethan26
March 15th, 2012
1:41 pm
All this speculation on Rice reads like a life-over sitcom. While you are all sitting here speculating,Rice is already rebounding. You are naive if you feel his basketball career is over because he is no longer a yellow jacket. What a joke? Who wants to be on that sorry team with a sad excuse for a coach. I can’t wait to laugh at them next year. Too bad Tech couldn’t figure out how to get Shaka. Go FSU a real team! He was the only one worth watching on that stiff-turnover laden team. Their loss! What a BS charge!
Sharod20
March 15th, 2012
1:49 pm
Go FSU! A real team with lots of tatts.I guess that makes them thugs, as expressed by many when talking about young men in the NCAA. Ignorance is bliss! I like UNC,too.
Truth
March 15th, 2012
2:38 pm
Anyone consider the possibility that Glen Rice Jr. had a prior DUI charge himself, possibly been put on probation, and a stipulation of that probation being that the operation of his vehicle was not allowed…?
Gerald
March 15th, 2012
3:00 pm
To Truth- No truth in your statement. Fact-Rice Jr. has no record ,whatsoever. Go and write another Fairytale and while you are at it -Get your own life! Stupid!
5150 UOAD
March 15th, 2012
3:50 pm
GTHD never give a breath test unless you know you will blow 0.0. If you blow anything then you give the police evidence.
Good Luck
March 15th, 2012
4:00 pm
Glen Rice Jr.
RedandBlackDAWG
March 16th, 2012
9:33 am
Dumb DAWG,
And is it not true? Almost reads like the Sun of London or the National Enquirer of the U.S. You get web hits, but that is all you get. Gives the negative bloggers on these comment sheets something to write about, but is it really good reporting? I don’t think so.
Hmmmmm
March 16th, 2012
10:22 am
Is Coach Gregory being courted for the Nebraska job?
http://deadspin.com/5893537/nebraska-wants-someone-named-bg-to-be-its-next-basketball-coach-according-to-voicemail-left-with-wrong-person
party down
March 17th, 2012
12:45 am
after a night of hard partying, glen need to watch who drive his escalade, especially when they packing a piece like this dude and it go off.
Coach
March 18th, 2012
6:58 am
BobinBuford… Yea right, Obama is busy picking brackets on ESPN, which is really cleaning up W’s mess. You probably believe that Glen Rice’s stupid decisions are W’s fault as well…LOL
God bless America!
TVFan
March 18th, 2012
5:22 pm
Ken,
Any chance we can a new article? I keep checking your page and keep seeing the same thing for the last several days.
How about an interview with the new assistant football coach?
stone
March 18th, 2012
9:37 pm
Good! Let him go to Nebraska, He has a long ways to go to fit in the ACC!
Bill
March 18th, 2012
10:15 pm
Enter your comments here
Old Gold Britches
March 19th, 2012
7:38 am
Five days having see this article is too much. It is time for something positive Ken.
they're all worthless
March 19th, 2012
4:33 pm
Obviously his daddy’s ill gotten money from michigan and nba still couldn’t buy any class in that family.
Tattoo trash.
don't trust the lawyer quoted in the article
March 19th, 2012
4:40 pm
idiots think they’re getting themselves out of trouble by handing their keys to another drunk….your car, your responsibility. Pretty easy for a prosecutor to prove knowledge of persons drinking if the two were both out getting drunbk together.
Low class of rice to put his “friend” in dui situation, so rice wouldn’t get a dui (so he thought).
Road Scholar
March 20th, 2012
3:46 pm
Agree w/OGB above. How about some news.
If you haven’t heard the Tech LadyJackets are playing tonight in the NCAA’s The game is at 7pm. But the worthless keeper of the sports page did not list this game specifically on the TV Listings.
But I see that, since UGA is playing baseball (against Tech) he/she sees fit to list that one SPECIFICALLY!!!!!!!!!! I could pull a full time salary just reviewing the status of your website due to the numerous errors and/or omissions you “professional” newspaper people commit. Shoddy!
Tuned In
March 20th, 2012
10:21 pm
This dude, not sure who he is….but he writes about Tech usually…..is good. Really good.
The rest of the AJC columnists are subpar. Bradley and Shultz couldn’t carry Furman Bisher’s…or Larry Holmes’ jockstrap.