MOBILE, Ala. (AP) - Defense attorney Sid Harrell entered a plea of guilty in district court for his client Nick Fairley. He also filed an appeal to the plea asking that Fairley be able to enter a DUI diversion program.
"The requirements of that is that you have to attend DUI school, and face a victim impact panel. It's kind of like good behavior; at the end of five months, the case is dismissed," said Harrell.
Harrell said, however, if someone in the program slips up, he would be found guilty of that charge.
Harrell also filed a motion for Fairley not to appear in court. The judge granted it for this proceeding, but told Harrell that his client would have to be in court for the appeal.
District Attorney Ashley Rich said this about Fairley's absence.
"It has happened before, but it's not common," Rich said.
Rich said it's up to the judge to decide whether a defendant must appear. Rich did stress, however, that no agreement has been made.
"We will look at the facts and circumstances of this case as we do any case where a criminal defendant requests to go to a pretrial diversion program. We have to determine if he's eligible. At this point, I don't even know if he's eligible," said Rich.
Rich said everyone must be in agreement for Fairley to enter the program.
"The defense attorney, the law enforcement officer who made the arrest, the DA's office, and the judge all have to agree," Rich said.
A specific date has not been set for that appeal hearing. Fairley played football at Williamson High School then for Auburn University. He was drafted by the Detroit Lions. Fairley was in Detroit, for practice.
The DUI arrest was the second arrest for Fairley in Mobile County this year. He was arrested for possession of marijuana in April. He's due in court on that charge in November.
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