September court date set for KU freshman linebacker Benjamin Heeney charged with driving drunk, racing on highway

Originally published August 22, 2011 at 3:18 p.m., updated August 22, 2011 at 4:04 p.m.

A freshman Kansas University football player faces a September hearing in a drunken driving case in Douglas County District Court, according to court records.

Benjamin Heeney, 19, a linebacker and former Hutchinson High School standout, pleaded not guilty July 29 to one count of DUI and one count of racing on a highway, according to Douglas County prosecutors.

A Lawrence police officer arrested Heeney at 3:15 a.m. July 16 in the 700 block of West 23rd Street after a vehicle stop, according to police and jail records. Additional information about the stop and arrest was not available Monday. Heeney posted $250 cash bond after the arrest, and his attorney John Frydman appeared in court on Heeney’s behalf on July 29. A trial setting is scheduled for Sept. 13, according to jail records.

Jim Marchiony, an associate KU athletic director, said Monday Heeney was still a member of the team.

“Coach (Turner Gill) is aware of that and has handled it internally,” Marchiony said.

In criminal cases in Kansas, prosecutors must prove a driver’s blood-alcohol content was 0.08 percent or more whether the driver is of legal drinking age or not. But a driver under the age of 21 can face driver’s license restrictions if his or her blood-alcohol content was at least 0.02 percent.