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Marshawn Lynch's Attorney

Race May Have Been

Factor in DUI Arrest

8/21/2012 1:50 PM PDT BY TMZ STAFF
EXCLUSIVE

0717_marshawn_lynch
Things are getting racial in the Marshawn Lynch DUI case -- the NFL star's lawyer tells TMZ he believes the two white cops who arrested Lynch may have had it out for the running back because of the color of his skin.

Lynch was pulled over by the California Highway Patrol in Oakland back in July and was arrested for drunk driving after officers say his blood alcohol level was above the legal limit.  In the police report, cops said they had noticed the Seattle Seahawks running back had been swerving all over the road.

But Lynch's attorney, Ivan Golde, tells us "There may be an issue of police misconduct/racism based on the fact that you have two white cops [and] an African American defendant by himself."

Golde believes the proof may rest in the fact that the incident was NOT captured on the CHP dash cam. Golde claims cops told him the recording device was "not functioning properly" during the arrest.

"There’s an inference, a possibility ... it doesn’t take a rocket scientist to say that the police maybe turned it off," Golde says. 

TMZ spoke with a rep for the CHP who tells us, "Although the lawyer for Mr. Lynch alleges there is possible police misconduct and racism because both of the officers who arrested him were of Caucasian ancestry and their patrol vehicle's mobile video/audio recording system was inoperative, this allegation is false and without merit."

The rep continues, "False allegations such as this undermine the mission and morale of all public safety personnel who faithfully work and serve within our communities."

Read the entire CHP statement after the jump.

STATEMENT FROM THE CHP:

Regarding the matter of Marshawn LYNCH, Mr. LYNCH was arrested by California Highway Patrol (CHP) personnel for Driving Under Influence of Alcohol or Drugs, sections 23152(a) and 23152(b) of the California Vehicle Code.  The arrest occurred Saturday, July 14th, 2012, within the city of Emeryville.  

Two CHP were on patrol and traveling upon Interstate 880 (I-880) North within the city of Oakland.  They saw a white 2012 Ford van also traveling upon I-880 North. 

The driver of the van could not keep the van safely within its traffic lane, id est, the van was weaving from lane-to-lane.  As the van weaved from lane-to-lane, it had near collisions with other vehicles traveling within adjacent traffic lanes.  The officers initiated an enforcement stop to determine the condition of its driver (id est, drowsy driver, impaired driver, medical incident).  The enforcement stop location was within the city of Emeryville. 

The officers contacted the driver of the Ford van and identified him via his California driver's license as Marshawn Terrell LYNCH.  Mr. LYNCH displayed objective signs of intoxication.  Due to Mr. LYNCH'S poor driving, his display of objective signs of intoxication and performance during multiple field sobriety tests, the officers concluded Mr. LYNCH was an impaired driver and unable to safely operate a motor vehicle. 

This conclusion was also based upon the officers' experience and training.  They arrested Mr. LYNCH for Driving Under Influence of Alcohol or Drugs, and transported him to and booked him into the Alameda County Sheriff's Department North County Jail without incident. 

The officers completed an arrest report and it been submitted to the Alameda County District Attorney's Office for review and criminal prosecution.

CHP personnel, both sworn and non-sworn, are required to embrace and adhere to the CHP's organizational values.  These values include respect for others, fairness, ethical practices and equitable treatment for all. 

The officers who arrested Mr. LYNCH displayed these organizational values throughout their contact with him.  Although the lawyer for Mr. LYNCH alleges there is possible police misconduct and racism because both of the officers who arrested him were of Caucasian ancestry and their patrol vehicle's mobile video/audio recording system (MVARS) was inoperative, this allegation is false and without merit.  False allegations such as this undermine the mission and morale of all public safety personnel who faithfully work and serve within our communities.

Officer Sam Morgan
Public Information Officer (PIO)
California Highway Patrol For more sports stories, check out tmzsports.com!
151 COMMENTS

No Avatar
16.

Brien    

Lift your chin up and look into the camera. Come on man, you know how it's done.

794 days ago
17.

joecrabs    

This pice of s--- lawyer are the kinds of people that make real instances of racism seem just as stupid as him alleging this as racism. So are we to believe that if a black man is riding by himself, he can basically do whatever he wants because if he gets arrested, its racism? Pathetic.

794 days ago
18.

A1Commenter    

Gotta call BS here. Racism does exist, but it is harmful to everyone when some drunken idiot calls racism because the officers are of one race and the victim of another. If the roles were reversed would it be a valid argument? NO. There is no law that says all traffic stops must be caught on camera. If he blew over the limit or refused the test, he is guilty. End of discussion. Only bring race into it if you have something to back it up. Doesn't sound like they do here.

793 days ago
19.

Bruno    

Bull cr*p. He was driving drunk and he got caught. Pulling the race card is cowardly.

793 days ago
20.

james    

I'm white and I got stopped by a Afro-American Cop, Yes I was drinking but not drunk, I took a sob. test and blew .07, just below the limit. Yet I was arrested for DUI, which was tossed because I was under the limit. Yet the time I spent in jail and the cost of tow and lost wages. I lost out because this cop was out for me. Maybe because I was white. But I didn't call the cop a racist. I just moved on. The race card is dead in this country. If you do the crime man up and move on. Lynch has had problems in the past and he's just trying to save his ass. Man up Lynch.

793 days ago
21.

juggalo 6    

The race card, a convenient defense, brought to you by Obama for president.
I'm going to remember this one if I ever get pulled over by a black cop.

793 days ago
22.

Mark    

Is his attorney's name Barack Hussein Obama??

793 days ago
23.

Ben    

FU and your race baiting BS. Your Driving, Your Drunk Take it like a Man you should be, instead of the Race Baiter your Lawyer wants you to be.

793 days ago
24.

karmalife    

Gonna play the race card for a DUI???? Come on man!!!!!!! We're talking about OAKLAND not Huntington Beach!!!!!!

When the judge and or jury find no prejudice on behalf of the police, this lawyer should lose his license to practice because he's a disgrace to his profession and then lose his "white" card.

793 days ago
25.

Selebraties Suck    

All the racism! I mean, God, a black man can't get a break in this country. People pay him millions of dollars to run around with a football - damn racist America!

793 days ago
26.

Pet peeves    

Black and drunk is still DRUNK!!
God I hate attny's!

793 days ago
27.

No comment    

Working in and around Oakland, those officers deal with black people all day every day. Go play your race card somewhere else. You can subpoena the records to show maintenance on the dashcam, and also if they recorded other events that day.

793 days ago
28.

Pet peeves    

Black and drunk is still DRUNK!!

God I hate F'in attny's!

793 days ago
29.

Pacific Avenue    

The racism sounds like it's coming from Marshawn's camp, not Oakland PD.

793 days ago
30.

Selebraties Suck    

The real story is "Driving Drunk While Being a Celebrity" usually means getting away with it.

793 days ago
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