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JALEN ROSE'S LAWYER

DUI SENTENCE

"OUTRAGEOUS"

7/27/2011 10:03 AM PDT BY TMZ STAFF

0727-rose-newdesign-exclusive

Jalen Rose's lawyer is LASHING OUT at the Michigan judge who just sentenced the former NBA star to serve 20 days in jail for his March DUI ... claiming the sentence is an "abuse of discretion."

Attorney Keith Davidson tells TMZ, "The 20-day jail sentence issued today by this Michigan judge is outrageous."

He adds, "Today we saw a horrendous example of judicial temperament and discretion."


Davidson insists Jalen is a "model citizen who has personally donated millions to charity, established inner city charter schools and a medical center in the Congo" and most importantly ... "has NO PRIOR criminal record."

Davidson adds, "[Jalen] was the victim of abuse of discretion; lack of proportionality in sentencing; legislating from the bench & instituting illegal minimum mandatory sentences for DUIs in violation of law. "

"Mr. Rose is examining all of his legal options based on today's events."

Relevant Fun Fact: In Michigan, there's NO minimum jail requirement for first time DUI offenders.

For more sports stories, check out tmzsports.com!
133 COMMENTS

No Avatar
76.

*78    

The message is, don't drive drunk in Michigan!!!! Why should we care what he does in the Congo? What does that have to do with driving in Michigan? Other states might not care if you drink and drive, but in Michigan, we do!

1081 days ago
77.

Gridiron    

Lohan is an issue because there was no minimum mandatory involved in her case nor Jalen's. In that regard, it's apples to apples. Both were celebrities who's fate rested in the hands of a judge. Someone mentioned the Russian hockey player. Even he was arrested for "Extreme DUI" which has a minimum mandatory of 30 days first offense, four months for second. His BAC determined his fate, not the whim of a judge.

And @the Booger bunch, trust me, white people never held the monopoly on racism, nor did I ever say they did. I know and readily admit there are plenty of racist blacks and the idiots at your old job sound like too many idiots I've also had to work with in my day (yes, they get on my nerves as well. Hate i*****e and it's color-blind). I am in no way anti-white, I just want fair and equal treatment. Believe me, I voice just as many concerns in other forums about the stuff my race does as well. As for my comment, I stand by it. I didn't mean it to say you should be running around in circles screaming "Thank God I'm white!" I simply meant most of the people whining about blacks should be glad they don't have to go through what blacks go through daily, perceived or real. Yes, you had some idiot co-workers but it pales in comparison to facing the prospect of racism everywhere you go, even internationally. The scariest part is, you don't know where it's going to pop up. We're not even fifty years removed from the Jim Crow era. Wounds that festered for centuries won't heal overnight. And there are still a lot of people out there with generational racism in them. It's ironic that you mentioned our (half)-black President, because he has been the recipient of several first time public humiliations at the hands of politicians and other people who have never acted so inappropriately before. Honestly, if other politicians seem so willing to be openly insulting, demeaning and combative when they've shown no such loss of decorum in the past, what is a person logically going to think? First thing you think is, "What's different about Obama from past Presidents"? The first and most obvious difference will be his skin color. Sadly, there are a lot of racists still out there. 12 years ago, while searching for a daycare for my child, a preschooler walked up to me and kept saying "you're a bad man". It wasn't a secret what his parents were teaching him: black = bad. That kid should be about 18 now and free to share the racist teachings of his parents. Wouldn't surprise me if he's one of the morons always typing racist crap on here.

1081 days ago
78.

Drummer17    

Judge Smalls is out of control in our town here. I am in AA because I want to be there but every week we hear her name mentioned because of all the new recruits she sends us. Everyone fears her in this county and she does automatic jail time for all first time offenders and it usually is about 14 days long plus she makes them to blow tests at the police station everyday for up to 6 months on top of the other probabtion requirements. Stay Clear of her--!!! VERY TOUGH if not the TOUGHEST in the country-

1081 days ago
79.

Sandra     

Good for the judge!!! There is no excuse for drunk driving !!

1081 days ago
80.

Where's KOOKY?    

I just posted my comment (below) on the other JR thread (the one with his mug shot), but I want to post it here as well, so that everyone knows where this judge is coming from with her sentences:

Okay, here's the real lowdown on this: I live in Judge Kimberly Small's district, and the sentence Jalen Rose received is THE SAME as what EVERY first-time DUI offender gets in her courtroom, NO excuses, NO difference if you're black, white, rich or poor. There has been a LOT written about this recently, and you'd be amazed at how many angry people think she's insane for coming down on drunk drivers as hard as she does. If you want to read more about this, you can at the Detroit Free Press' site, www.freep.com. Just put her name in the search box, and you'll see all the stories that have been written this week about her harsh sentences for drunk drivers -- and the comments that are almost 100% against what she's doing.

Personally, as someone who has lost a loved one because of a stupid drunk, I applaud her and the tough, no-excuses stance she's taking. I love it that someone is FINALLY doing something positive and pro-active about people who CHOOSE to drink and get behind a wheel. It is sickening to keep reading about drivers with a dozen DUIs on their record when they finally wipe out an entire family with their stupidity. And then, of course, people scream "WHY wasn't anything done before this?" Judge Small IS trying to do something to prevent the next tragedy, yet the vast majority of residents are screaming at just how "unfair" she's being! Unbelieveable!

1081 days ago
81.

Where's KOOKY?    

I just posted this response in the other Jalen Rose thread (the one with his mug shot) but I want to post it here as well, since many don't understand why he got such a tough sentence:

Okay, here's the real lowdown on this: I live in Judge Kimberly Small's district, and the sentence Jalen Rose received is THE SAME as what EVERY first-time DUI offender gets in her courtroom, NO excuses, NO difference if you're black, white, rich or poor. There has been a LOT written about this recently, and you'd be amazed at how many angry people think she's insane for coming down on drunk drivers as hard as she does. If you want to read more about this, you can at the Detroit Free Press' site, www.freep.com. Just put her name in the search box, and you'll see all the stories that have been written this week about her harsh sentences for drunk drivers -- and the comments that are almost 100% against what she's doing.

Personally, as someone who has lost a loved one because of a stupid drunk, I applaud her and the tough, no-excuses stance she's taking. I love it that someone is FINALLY doing something positive and pro-active about people who CHOOSE to drink and get behind a wheel. It is sickening to keep reading about drivers with a dozen DUIs on their record when they finally wipe out an entire family with their stupidity. And then, of course, people scream "WHY wasn't anything done before this?" Judge Small IS trying to do something to prevent the next tragedy, yet the vast majority of residents are screaming at just how "unfair" she's being! Unbelieveable!

1081 days ago
82.

ChuckRock    

You people are awfully judgmental on here, I guess none of you have ever gotten into a car and driven after having a couple of drinks. You people must be perfect. Yeah, whatever you say. If that were you in the same situation, you would be bitching about 20 days in jail too. So save your breath.

1081 days ago
83.

Barb    

That's Michigan for ya. The jail sentence IS excessive for a first a offense and a clean record. It's no wonder our country has jail and prison overcrowding, with judges like this. She probably has or had a drinking issue herself.

1081 days ago
84.

Kimbim    

It's a *no-brainer* why Mr.Rose is being treated this way...most people get at least a *second chance*...especially if there are no *priors*. AmeriKKa...home of the perpetual racists.

1081 days ago
85.

Ann    

@kimbim, then move. That is the beauty of this country, you can leave anytime. I wouldn't want you to live somewhere that you are having a hard time. Buh-bye.

1081 days ago
86.

kp    

why did he get behind the wheel of a car? Model citizen don't drink and drive.

1081 days ago
87.

OhyesIdid    

People who drink and drive should lose their license. Drunk drivers kill people. What a fricken chump to think he should get off so easily. I think they get off way easier then they should. If I was a judge, i would give max penalty every time.

1081 days ago
88.

rick    

It's likely many more accidents (including much more serious ones) are caused by people who are distracted by passengers, billboards, a radio or drivers who are just overly tired. Should they all be sent to jail too? Rose didn't hurt anybody. Make him pay for any damages & a fine. He'll get the message. The most dangerous drunk drivers are the chronic heavy drinkers, who drive much more drunk than he was.

1081 days ago
89.

nee nee    

20 days should be the MINUMUM a person gets for a "1st time" DUI-then maybe there won't be a 2nd one where u injur or kill someone !

1081 days ago
90.

John    

First time offenders in a perfect world would get a year? Give me a break. If you have two beers in two hours chances are you are "legally drunk". That is about a big a joke as most of these comments. He could have killed someone, but he didn't. He has no previous record...of anything. So Renee, please tell me why you are betting against him? If he no previous record.

1081 days ago
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