FANTASY IMPACT – WHAT SHOULD YOU DO ABOUT MELVIN GORDON?
It looks like Melvin Gordon stands to miss some games due to his recent brush with the law in his DUI case. The NFL’s substance abuse policy allows them to suspend Gordon for three games for this violation if he is found to have committed the offense. There is a good chance Gordon can handle the case short of conviction, or that it can be delayed past the end of the season, but it is likely the team will discipline him even if the league does not. For now, there is not much that can be done with Gordon because his value takes a hit because of the pending charge and it makes him a poor trade target. Expect the team to take action by suspending Gordon for a game or two, but any league-imposed sanctions will depend on the date the DUI case is resolved. Hold Gordon and ride out the short term uncertainty.
LEGAL DETAILS AFFECTING GORDON’S FANTASY STATUS
Charges
Gordon was arrested late Tuesday night for violation of the Colorado laws against Driving Under the Influence (DUI). Colorado has a less serious charge of Driving While Ability Impaired, so it is worth noting he was charged with the DUI because police believe his Blood Alcohol Content (BAC) was over the .08% legal limit.
He is also charged with excessive speed (71 m.p.h in a 35 m.p.h. zone), which adds a jailable offense to the charges and, if accurate, constitutes strong probable cause for the stop of the vehicle. This also exacerbates his situation under the NFL’s Substance Abuse Policy guidelines as explained below.
Facts
The facts as alleged indicate that Gordon exhibited signs of impairment - watery eyes, poor balance, a smell of alcohol, and slurred speech. It is, however, extremely common for those factors to be listed by police officers in a DUI case, so it remains to be seen how accurate the report is. The complicating factor is that there was blood taken in this case. A blood draw is used to determine both BAC and also to screen for illegal drugs. There is NO allegation of illegal drug use, but it’s worth noting that in Colorado where marijuana is legal, they have extremely low levels for THC (marijuana metabolite) tolerance in blood samples. If he tests positive for *any* amount of THC this would make the case more difficult to defend.
Legal Maneuverings
Gordon does not appear to have had any prior issues with alcohol that would place this charge in a higher category under Colorado law. As a result, there is wiggle room for Gordon's attorneys to attempt to handle the case with a reduced charge because he is a first-time offender. Unfortunately for Gordon, the punishment for conviction of the DUI statute has mandatory jail time. But, it is very likely that Gordon's attorneys can work towards a resolution of the case that both delays the case until the season ends, and/or resolves the case without the need for jail time. Gordon should evade serious criminal repercussions, so Gordon managers can rest easy on that front. On the other hand, if Gordon was already in the substance abuse program with the NFL things get more complicated. It is unlikely the league would act on the charge until resolution of the case, however, and as such the only way his attorneys would ram the case through quickly is if they can resolve it amicably. Furthermore, his arraignment on the charges isn’t until November 13th, almost a full month from now. This leaves plenty of time for his attorneys to enter a not guilty plea, waive his right to a speedy trial, and get the case set for a pre-trial conference at the end of the season, or even after the season is over.
NFL PUNISHMENT POSSIBILITIES – WILL GORDON MISS TIME?
As noted above, the team is the imminent danger to Gordon’s fantasy availability. Head Coach Vic Fangio made it clear that “there will be consequences to what happened last night” and that the team would weigh discipline of their own against possible league consequences.
The NFL, for their part, usually does not act until the case is resolved. But it’s important to note that Section 2.2 of the NFL’s Policy and Program on Substances of Abuse found here mandates a three-game suspension of Gordon "is convicted of, or admits a violation of the law relating to the use of alcohol." This section has another problem for Gordon. If his BAC is found to be above .15% that is considered to be an "aggravating circumstance" that allows the league to increase the punishment.
The silver lining for Gordon is that the section does allow the league some wiggle room if Gordon’s case is reduced to a non-alcohol related offense. This would allow the league to impose less than the mandatory three games, especially if his attorneys are able to cast some doubt on the results of the blood draw or the evidence in the case in order to reach a plea deal.
CONCLUSION
Gordon, and his fantasy managers, are in a tough spot. There is almost no chance he escapes without missing some time on the field. The Broncos seem serious about that suspension being imposed sooner rather than later. It is wise to brace for a short suspension in the neighborhood of 1-2 games from the team prior to the league getting involved.
The DUI case probably will not be resolved during the 2020 season *unless* his representatives communicate with the league and the team in an effort to resolve the criminal case, and his impending suspensions, with an overall agreement that keeps him sidelined less than three games. Otherwise, it is more likely he delays the case and would see league punishment next fall instead. That still means team punishment is possible and even imminent. Prepare to be without Gordon for a short stretch sometime soon.
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