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Another 2013 NFL Arrest

Chad West Aug. 3, 2013

Cory Fleming might not be a current Dallas Cowboy, but the alum was arrested for a DWI on Thursday, August 1 2013. He was arrested in Nashville, and posted bond not long after being booked in the Davidson County Jail.

Initially, Fleming was pulled over for not having his headlights on at approximately one in the morning. During a field sobriety test—which is voluntary—Fleming showed obvious signs of intoxication.

Fleming's mug shot is just the beginning of a rough road ahead. Fleming is no stranger to DWI arrests. He was arrested once before in 2009. He’s scheduled to appear in court on August 21st, but a second DWI arrest isn’t going to make his time before the judge easy. Mothers Against Drunk Driving (MADD) reports that a person, on average, drives drunk 100 times before being pulled over by police. Since this is Fleming’s second DWI arrest, it’s heartbreaking to think just how many times he may have put himself and others at risk. 

Getting Caught Prior to his 2009 arrest, Fleming was best known for playing for the Cowboys between 1994-1995, which was a Super Bowl winning season for the team. However, it’s interesting to note that Fleming was arrested this time around after agreeing to a field sobriety test, which isn’t a requirement. A person is only required to undergo any sobriety testing, including a blood or urine test, after they’ve been arrested. It’s usually not wise to agree to a voluntary sobriety test, since false positives can be difficult to prove. Although Fleming was arrested in Tennessee, he serves as an important reminder to Dallas residents about the seriousness of a second DWI. Confinement in jail for no less than 30 days and a fine up to $4,000 accompanies a second DWI in Texas. If someone received their first DWI within five years of their second arrest, such as Fleming’s case, they must serve a minimum of five days in jail if probation is granted. The probation conditions can vary case to case. 

What to Expect A deep lung air device or an “ignition interlock” is one of the most common conditions of probation with a second DWI. The person’s driver’s license might be suspended for at least 180 days and up to two years. Most people will also have to report to a probation officer once a month. Community service, jail time, a fine, court costs, alcohol/drug evaluation and the promise to not consumer alcohol might also be part of the conditions. Getting caught with a second DWI can also leave to a required DWI education class, attending a victim impact panel by MADD, a person may be required to hold down a job during probation, and no other crimes can be committed. Judges have a lot of wiggle room when defining conditions and may opt to make the person stay within Texas or even a specific county, pay probation fees, submit to drug testing, ban the person from bars and night clubs, make a payment to Crime Stoppers, remove all alcohol from the home (including mouthwash), and in extreme cases wear electronic monitoring. Unfortunately for Fleming, Tennessee is ranked by Yahoo! as an even harsher state for DUIs than Texas. He’ll need a good attorney to get him through this one.  

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