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Wednesday, October 21, 2009

Brady Morningstar gets diversion in driving under the influence case

Morningstar fined $500 for Oct. 3 incident on I-70

Kansas guard Brady Morningstar lines up a shot as he soars to the bucket past Washburn guard Paul Byers during the first half Tuesday, Nov. 4, 2008 at Allen Fieldhouse.

Kansas guard Brady Morningstar lines up a shot as he soars to the bucket past Washburn guard Paul Byers during the first half Tuesday, Nov. 4, 2008 at Allen Fieldhouse.

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Douglas County prosecutors have granted a diversion to Kansas University basketball player Brady Morningstar, who was arrested and charged for driving under the influence on Oct. 3, court records said.

Morningstar, 23, was fined $500 as part of the diversion agreement in the case, which also included charges of speeding and failing to keep his car in a single lane.

A Kansas Highway Patrol trooper said Morningstar was driving 78 mph in a 70 mph speed zone and weaving out of his lane of traffic multiple times. Reports indicate that he had nearly twice the legal limit of alcohol in his system when he was pulled over at 3:25 a.m. on the Kansas Turnpike, just east of Lawrence.

As a part of his diversion agreement, Morningstar must:

• refrain from using drugs or alcohol while on diversion;

• complete an alcohol treatment program;

• take drug and alcohol tests when requested;

• and not drive if his driver’s license is suspended or restricted, though Morningstar’s license is presently valid, according to a Kansas Department of Revenue record.

In addition to the fine, Morningstar paid $150 for an alcohol assessment, a $150 diversion fee and $148 in court fees.

Because of the diversion agreement with Douglas County District Attorney Charles Branson’s office, the basketball guard will not make an appearance in district court.

Morningstar, who admitted to driving after drinking and violating team curfew, has been suspended from games on the basketball court and is banned from competition during the first semester.

Comments

jhawker_87 10 years, 3 months ago

So are we to assume that he does not lose his license for a year like any other college student would?

Nutflush21 10 years, 3 months ago

He will have a driver's license hearing to see if his license will be suspended. Since he blew .144 and loses the hearing (he most assuredly will) his license will be suspended for 30 days. Had he blown a .150 or greater he would be looking at a year suspension.

Also, diversion is the standard punishment for first time offenders.

irish2255 10 years, 3 months ago

I've known plenty of college students and young adults (23-30) who have received DUI's and nobody lost their licencse on their 1st DUI. This couldn't be a more normal diversionary agreement.

jaybate 10 years, 3 months ago

I want me one uh them there die-versions. Kinda like uh get outta jail free card in moe-nopoly. Real handy to have.

honk_for_hawks 10 years, 3 months ago

actually the license trial is a civil case as opposed to a criminal case. A lot of people I've known who have gotten DUIs have lawyers who simply keep finding ways to reschedule until the officer can't show up and then the case is thrown. As for the the diversion, irish is right, thats pretty standard for a 1st offense.

Martin Shupert 10 years, 3 months ago

This thing hurts. No one was more disappointed in Brady than I was. My 8 year old son looks up to Brady and I had to try to explain this mess to him. My answer? Brady is human. He made a mistake. He was lucky no one was hurt or killed and it could have happened, but again, he is human and really just a kid himself. Cut him some slack on this one. Actually I look at it this way: some people are good role models to help teach us how to conduct ourselves. Others are good role models to demonstrate what not to do. I believe that Brady can still be an excellent role model for my son because he's owned up to his mistakes. He has not played games with our heads or tried to make excuses. I hope he uses this incident as a hard lesson. To insinuate that he got off easy doesn't make any sense. You think Bill tried to pull some strings for him? Come on. You know it didn't happen. Brady is good on the court, and he can help the Jayhawks, but he isn't a star and Coach Self wouldn't help anyone in a situation like this except maybe to help him clear out his locker. The punishment was perfect. It fit the crime. He's lost enough to make him straighten up and fly right. What more do you want? Let's hope it was a sobering experience and stop talking like he got some kind of break here. It's absurd. You want blood? Give it a rest.

Ryan Wood 10 years, 3 months ago

$948?? That's at least four unmarked envelopes slipped under the door by a booster. Brady will have to save up.

Lance Hobson 10 years, 3 months ago

He is a diversion from from what Kansas basketball should be.

KU1992 10 years, 3 months ago

chillax martyks. it's an internet blog.

LA_hawk 10 years, 3 months ago

When I got my DUI I got the exact same punishment. My D.L. hearing resulted in it being suspended for 30 days and then restricted for 11 months.

yates33333 10 years, 3 months ago

From the gist of these remarks, KU has changed. I suspect more than 80 per cent of the student body drank and drove fifty years ago. A smaller number blew dope. One can only surmise that with few exceptions, assuming these comments are serious, very few do now. Good Luck Brady Morningstar. You are just growing up. It takes time. Thankfully, no one was injured.

Dale Kroening 10 years, 3 months ago

Well said martyks. I couldnt agree more. And can we drop this now ? He was handed down his punishment and fines and now will wait to see how long he'll be without his license. Its over. Good luck Brady and hopefully you learned your lesson.

Kyle Rohde 10 years, 3 months ago

Not sure if this is true or not, but I've been told by some friends that Morningstar was out drinking at Johnny's Tavern in the KC Power & Light district that night. If that's true, he's incredibly lucky he made it all the way back to Lawrence without incident. Not smart.

Hawklin 10 years, 3 months ago

How many more hours is the LJW going to give this story? Are you going to follw each step of the diversion process too? The site is called KU "sports". Were into double digit storys on someones personal business now. There has not been this type of attention to any story about the team.

vmwskywalk 10 years, 3 months ago

Spot on JW.

To those that think that someone pulled strings for Brady because the punishment seems light, you're way off the mark. Douglas County has some of the most lenient DUI punishment in all the land. Brady got what any other first time offender would get. This is not an opinion, it's fact. I don't know of anywhere else in the U.S. where you can get a DUI and pay less than $1000 and not spend a second in jail. Here in Denver it's a minimum of $10,000 and two days.

KANSTUCKY 10 years, 3 months ago

So it's how you blow? If you blow more it gets stiffer? I guess that makes sense.

KUFan90 10 years, 3 months ago

Yates - i disagree. I have to believe a much higher percentage of the students are "blowing dope" these days than 50 years ago.

I'm surprised no community service as part of the diversion. I suppose it's standard, but seems to me that at least a couple of days should be part of the deal.

Vic Janeway 10 years, 3 months ago

I still insist that the mis sour cell phone fund raiser could help him in paying for his fees and dui classes. All he probably would have to do is deny his guilt with them and they could yell back, liar. ; ) I think that would make their day/night.

ginger2015 10 years, 3 months ago

martyks: Brady is not a kid. He's 23 years old.

Joel Hood 10 years, 3 months ago

ginger, don't get me wrong, I don't condone what Brady did. But I understand Marty's take on Brady being a kid. I am considerably beyond 23 now. I'd like to think that I make much better decisions today than I did then as a young "adult."

We call people kids who over 21 because we understand that younger adults often make bad decisions from lack of experience. It's not an insult to younger adults, nor is it an excuse, rather it's a recognition that good decision making comes from experience. Brady just got a good dose of it.

vmwskywalk 10 years, 3 months ago

They don't mess around. It certainly makes the $30 cab ride from my house into Lodo seem CHEAP!

It also keeps me home more too.

ginger2015 10 years, 3 months ago

You can consider a 23 year old to be whatever you wish, but by every legal standard they are not kids.

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