Nick Fairley to face trial for DUI

MOBILE, Ala. (WALA) - Former Williamson High School and Auburn football star Nick Fairley was in a Mobile courtroom Thursday morning for a hearing on a DUI charge.

Fairley was arrested in Tillman's Corner last May.

He was hoping to hear some good news about his future legal proceedings.

DIVERSION PROGRAM

Fairley was hoping Circuit Court Judge Sarah Stewart would rule that a plea bargain agreement existed between prosecutors and the defense.

That ruling would allow Fairley to enter a pre-trial diversion program.

Stewart, however, found no proof there was a deal.

Fairley's attorney Buzz Jordan said, "The assistant DA believes they didn't have an agreement. So I think the judge took that at its face value, and basically; if both sides don't have an agreement, than you don't have the agreement."

What Fairley's reaction to the decision?

Jordan said, "He was satisfied. You know, he relies on his attorneys, and he was satisfied.  He thought the judge reviewed everything.  She reviewed the law and the facts.  Judge Stewart is very bright, and I was impressed by her reasoning and logic, and she came to that conclusion."

Judge Stewart did allow Jordan to withdraw his guilty plea and have the case start in a lower court.

IMPAIRMENT ISSUE?

At the traffic stop where he was arrested last year, an Alabama State Trooper reported Fairley was traveling at about 100 miles per hour.

Jordan said, "A lot of people speed, and it's not necessarily due to impairment.  Sometimes, it’s just a circumstance you find yourself in. So, I don't know that we're going to argue with the speeding, but we do submit that he was not impaired at the time he was operating the vehicle."

WHAT DID FAIRLEY SAY?

Fairley wouldn't answer questions about the ruling or anything else.

Jordan said from what he understands, Fairley is complying with what he legally needs to do.

He said, "He's been doing a lot of community service as well, and of course, I think he's working out again, because he's getting ready for the next season coming up."

Fairley had also been arrested in April of last year for marijuana possession, but that charge was dismissed.

WHAT'S NEXT?

Jordan said it will probably be about three to four weeks before a new hearing date is set.