Tiger Woods' DUI case: Will his fame lead to special treatment?
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What is next for Tiger Woods?
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What happens legally to the troubled golfer after another rollover crash, another DUI arrest and another statement promising to focus on his health and prioritize his well-being?
Will Woods case ever reach a jury? Could he receive jail time? And what about his driver's license?
What we know now is Woods entered a written plea this week of not guilty to charges of DUI with property damage and refusal to submit to a DUI test, requested a jury trial, hired high-powered attorney Douglas Duncan and faces an April 23 arraignment.
He will not be required to attend that arraignment before Martin County Judge Kathleen Roberts.
A plea bargain is possible, meaning the case likely never will get before a jury and he would avoid jail time.
"As for the case going to trial, I think the chances are very small," said Michelle Suskauer, a longtime criminal defense lawyer in West Palm Beach and a past president of the Florida Bar.
"Very few cases go to trial."
Will Tiger Woods' fame allow him to receive special treatment?
But there are several possibilities and wild cards, according to two criminal defense attorneys, as Woods' case proceeds through the legal system.
Woods' history, including a DUI charge in Palm Beach County in 2017 that was reduced, his health issues from multiple injuries, his surgeries and his celebrity all could play a role.
"It's Tiger Woods," said Gregg Lerman, a West Palm Beach criminal law attorney. "Does he get special treatment for who he is?
"If charges are dropped, there will be a lot of finger pointing of favoritism because of who he is."
Woods passed a breath test and did not submit to a urine test. His attorney could ask for the DUI charges to be dropped.
"He's on medication and he's been on medication," Suskauer said. "He's constantly on medication because of his injuries and that didn't intoxicate him. That would be his defense.
"Of course, he's sweating profusely and he seems lethargic. He just had a rollover crash. Is that a plausible defense to this case? Of course it is."
Said Lerman: "His defense is going to be combination of the physical issues he's had health-wise as well as the fact he just rolled his car or had an accident. That can cause people difficulty in performing the roadside sobriety tests."
The question, according to Lerman, could be the two pills found in Woods' pocket, identified as opioids used to treat severe or chronic pain and cause drowsiness and impairment.
Woods told officers, "I take a few," when they found the two hydrocodone pills and said he had taken some in the morning. The incident occurred at about 2 p.m.
"The question is: Was he taking it? How has it been prescribed?" Lerman said. "If he's driving around with two pills in his pocket, how many had he already taken and when had he taken it and what's the impact on him?
"Your little bottles of pills specifically say, generally, do not operate heavy machinery."
Woods was able to avoid losing his driver's license when he was arrested for DUI in 2017 in Jupiter after entering a plea deal to a lesser charge of reckless driving and entering a Palm Beach County first-time offender diversion program. This case will be tried in Martin County.
By law, refusal of a urine test during a DUI arrest is punishable by up to 60 days in jail and license suspension.
"Even if they drop the DUI, he still would have the administrative suspension for 12 months," Lerman said.
Tiger Woods' attorney will say he 'understands seriousness' of situation
Woods' attorney will use his statement as evidence that he is serious about his health, according to the attorneys.
Woods' team made sure he used all the right language in his statement, saying he "understands the seriousness" of the situation, will "seek treatment," and "focus on my health," and "prioritize" his well-being while working toward "lasting recovery."
"You want to, as an attorney, package your client in the best possible way to show there's an acknowledgment and an ownership of issues … and they're dealing with those issues," Suskauer said.
"This is a multiple DUI arrest. Even though he was able to get a divergent to a lesser charge (in 2017), he was initially arrested for a DUI. So clearly there are issues. You want to show he is dealing with these issues, he's focusing on those issues."
A judge approved Woods’ request to travel out of the country to start comprehensive inpatient treatment.
"If he's really in residential treatment and he's dealing with the problem, I don't think it would result in a reckless driving charge or charges being dropped," Lerman said.
"If he's being treated like any other citizen I think it would impact what the resolution is and that he would get probation. He still would have to do what everybody else does: Go to DUI school."
Tom D'Angelo is a senior sports columnist and reporter for The Palm Beach Post. He can be reached at [email protected].
This article originally appeared on Palm Beach Post: Tiger Woods' DUI case: What's next for 15-time major champion golfer?