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Thursday, June 28, 2012

Prosecutors dismiss DUI charge against former KU, pro football player

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Douglas County prosecutors Thursday dismissed a DUI charge against former Kansas University and NFL football player Elvis Patterson related to a June 4, 2011, traffic stop east of Lawrence.

Patterson, 51, Lenexa, pleaded guilty two traffic infractions, refusing a preliminary breath test and speeding for going 12 mph over the limit on Kansas Highway 10. District Judge Michael Malone ordered Patterson to pay $260 in fines and court costs.

Assistant District Attorney Greg Benefiel said prosecutors agreed to dismiss the DUI count after reviewing a video of the stop. Patterson had communicated to Douglas County Sheriff’s officers he had a medical condition that affected his ability to perform field sobriety tests, the prosecutor said.

“We determined that the case could not be proven beyond a reasonable doubt,” Benefiel said.

Patterson’s attorney John Ivan earlier this year filed a civil petition contending Patterson told officers he had a medical condition and a disability that made it “impossible for him to perform the balance and coordination tests.” Ivan also wrote in the petition a patrol car video recorded only officers at the scene and not Patterson.

Patterson was a KU defensive back from 1981 to 1983 and won Super Bowls as a member of the 1986 New York Giants and 1993 Dallas Cowboys.

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