Hanner Perea arrested

[HoosierReb01 7,511]

You're right in that judges do not typically throw the book at first-time offenders. But, most states have taken it out of the hands of judges. There are automatic administrative license suspensions and probationary periods. A very quick check to refresh my memory reveals that Indiana has these same administrative procedures. Actually, it appears to be an automatic 180 day license suspension for first time offenders, with the possibility of applying for a hardship license and probationary period IID. If in practice, Indiana is not using those procedures, then yeah, that makes them rather lenient compared to what other states are doing now.

 

DUI laws have gotten very harsh around the country in the last couple of decades, even on first offenses.

My guess would be that if that is the law, then its probably followed. That being said, if he retains an attorney, they might plea the charges down. My guess is that a plea deal would probably include a suspension, and I doubt he could make a convincing argument for a hardship license. I am neither an attorney, nor have any first hand experience with OWI charges, but I think that would be close. I too, have friends in low places, and am basing most of what I have posted on what I remember from their misadventures.

[Hwy 1 2,053]

Seems like they all got 3 months to me. I wasn't serving it so maybe not. I do know that nobody got jail time, Breathalyzer starter or anything beyond what I mentioned before. They might have upped the suspension in the last few years too. I'd swear I picked up that guy I used to work with for 3 months though. I think it ends up being longer because they gave them the suspension starting with the sentencing which always takes a month or two and you can't drive while waiting for that.   

 

 

Also, don't know about "applying" for reinstatement. Everyone I knew just went into the bmv and got a new card when their suspension was up. Everyone got probation for a year where they had to go in every so often and take a drug test. Other than that not anywhere near the nightmare I'm reading on here. If it is, it's changed a bunch in the last few years.   

[schoosier 3,455]

IIRC, some of the events surrounding Remy's transfer were rumor. There was at least multiple sources (if anonymous) in that case I believe. However, are you sure that it wasn't his second chance there? I don't know, just asking.

I believe all the events were rumor and therein lies the problem with dismissing a player and "keeping it in the program". If Remy did violate university policy and this is the reason he lost his scholarship, I believe it should not be kept quiet. The same for failed drug tests. This is afterall a public university supported by state money and should be viewed just like contracts, etc... I certainly don't know what occurred especially if it was his first or second chance, but if he violated university policy regarding participation in athletics, it should be public knowledge that he did. Otherwise, the scrutiny on Crean and how he runs his program will only intensify. Creans actions regarding Hanner will be very telling imo, since he will not have the luxury of keeping it out of the public eye.

[mdn82 25,510]

Yep Hwy1 is correct on the DUI and OWI charges for 1st time offenders.  I wasn't so great 10-15 years ago, and I got a sentence where I must go to school, AA, probation (piss tests), and pay for court costs.  If I did that it would be wiped off of my record.  I would be willing to bet he will get something similar.  If not, it can mess up Scholarship paperwork, and the courts in Indiana try to keep 1st offenders in school.  Once he completes this (usually 1 year or 18 months), the charges are typically dropped off of his record.  I got it dropped off of my record.  The only thing different I had to do other than what he had explained was serve a 3 day sentence.  30 days, suspended to 3 days.  Drivers license suspended 30 days.  Probation for 1 year unless AA courses and fines were not paid for.  Then I had 6 months to pay them or I went to jail for whole sentence.  If I didn't go to school atleast part time while maintaining a 2.5 GPA, I would go to jail for the 30 days.  Yep, that is a typical 1st offense in Indiana unfortunately. 

[mdn82 25,510]

I should add Rayl, I did not get my license suspended for 180 days.  That was for 2nd offense.  Mine was for 90 days, but I applied (and paid) for it to be lessened to 30 days when I had to travel to work and school.  3rd sentence is a year.  4th could be life. 

[HoosierReb01 7,511]

I believe all the events were rumor and therein lies the problem with dismissing a player and "keeping it in the program". If Remy did violate university policy and this is the reason he lost his scholarship, I believe it should not be kept quiet. The same for failed drug tests. This is afterall a public university supported by state money and should be viewed just like contracts, etc... I certainly don't know what occurred especially if it was his first or second chance, but if he violated university policy regarding participation in athletics, it should be public knowledge that he did. Otherwise, the scrutiny on Crean and how he runs his program will only intensify. Creans actions regarding Hanner will be very telling imo, since he will not have the luxury of keeping it out of the public eye.

Yeah, I'm not sure that legally he can release all of that information publicly, although its doubtful that he would if he could. I'm not up on privacy laws, but I seem to have seen it stated before that these matters are legally protected, and doubt that Crean or the university could comment on it specifically. Even if failed drug tests led to dismissal, the best we would probably ever hear officially, is "violations of team/university policy or rules". An arrest is public record, and pretty much requires some kind of public response, even if it ends up being a generic, "we are looking into it and gathering all the facts and then we'll see". I would think that even if Hanner's arrest warranted a dismissal, the press release announcing it would be fairly generic also. 

[Naturalhoosier 15,407]

[quote name="mdn82" post="38435" timestamp="1392399492"]Yep Hwy1 is correct on the DUI and OWI charges for 1st time offenders. I wasn't so great 10-15 years ago, and I got a sentence where I must go to school, AA, probation (piss tests), and pay for court costs. If I did that it would be wiped off of my record. I would be willing to bet he will get something similar. If not, it can mess up Scholarship paperwork, and the courts in Indiana try to keep 1st offenders in school. Once he completes this (usually 1 year or 18 months), the charges are typically dropped off of his record. I got it dropped off of my record. The only thing different I had to do other than what he had explained was serve a 3 day sentence. 30 days, suspended to 3 days. Drivers license suspended 30 days. Probation for 1 year unless AA courses and fines were not paid for. Then I had 6 months to pay them or I went to jail for whole sentence. If I didn't go to school atleast part time while maintaining a 2.5 GPA, I would go to jail for the 30 days. Yep, that is a typical 1st offense in Indiana unfortunately. [/quote]

That couldn't have been Heffelfinger. Dudes a d-bag with zero leniency.


Sent from my iPhone using BtownBanners

[Hwy 1 2,053]

I don't know if it applies to drug tests but there's a Federal privacy law about medical records. They can't release them without the patients permission. I think the standard now is just don't say anything about anything. 

[Rayl 527]

I should add Rayl, I did not get my license suspended for 180 days.  That was for 2nd offense.  Mine was for 90 days, but I applied (and paid) for it to be lessened to 30 days when I had to travel to work and school.  3rd sentence is a year.  4th could be life. 

 

Thanks for sharing. It does look like the penalties have been increased since your mistake. Of course, what I am seeing could be wrong. I'm not in the mood to pour over statutes. The sites I'm getting the 180 day suspension from are normally accurate though.

 

As I indicated previously, the laws around the country have gotten harsher. The country is increasingly less tolerant of drunk driving, rightfully so. And, of course, no state legislator has ever been voted out of offense for supporting an increase in DUI penalties.

[Rayl 527]

I don't know if it applies to drug tests but there's a Federal privacy law about medical records. They can't release them without the patients permission. I think the standard now is just don't say anything about anything. 

 

The really short version is that yes, the privacy law HIPAA does apply to drug tests.

 

A still short version is that yes it applies if IU is a covered-entity under the law.

 

The long analysis is boring and unnecessary. IU is almost certainly covered-entity and would not be able to release the results to the public without authorization. It might actually have that authorization in blanket form. We know about player injuries, which would also be covered under the law so I would guess there is some general release athletes sign. I don't know if it covers drug test results.

[mdn82 25,510]

Nope, didn't get Heffelfinger Natty.  I had done some work for his brother at one point, so I got him removed.  It wasn't a cut and dry, go in and plead.  It was a take a drug test, come back in a month after a continuance, and then plead.  That deferred sentence is something that has become very popular to college aged kids in the state.  My best friend got a DUI 3 years ago, and that is what he got as well.  So, not sure how different they can be throughout the state, but in Huntington County, they have been consistent with that.  Oh, and Sean Kline was under the same thing when he came to IU.  

[schoosier 3,455]

Another issue that may come up is how will this effect his "green card" status? I remember the douchebag assistant at Baylor threatening to deport Hanner if he didn't sign with them, and I could see some Boiler politician or alumni running with this. I will say though, Hanners performance so far will probably not raise an eyebrow.

[BlueDevil 8,655]

[quote name="Napleshoosier" post="38451" timestamp="1392401414"]The cop should have taken him straight to Creans house. Wake up CTC and say this belongs to you.....Hanner would never have had another drink in his life.

This is old school but i am sick and tired of cops being pricks wanting to get attention. Panty waist bastards in my opinion. This crap can be handled in a totally different manner and will be just as or more effective.

Yep, i'm on a rant but screw those friggin pigs...And no i'm not some pissed off ex DUI offender.... :angry:[/quote]

He was driving under the influence...

[CuencaRich 0]

Not being a resident of Indiana, I had no idea what "OWI" signifies. After getting to the second page of comments, I found out that operating a motor vehicle while intoxicated is what this student athlete is alleged to have done.  I attended IU Bloomington as a graduate student, so I was of age to purchase liquor legally. I did not own a car when I attended  my undergraduate university, nor when I attended IU.  

If, Mr. Hanner Perea was intoxicated,the question arises as to how he, an undergraduate, came into possession of alcohol.  If he was driving an automobile, how was he able to afford one, since the current outcry among student athletes is that they should be paid for their services. Perhaps his family purchased the car for him.  Did he receive the car from an overzealous booster?   Some serious questions need to be asked here.  What are the university's regulations concerning possession of alcohol by a minor?  What are the team's regulations concerning imbibing in alcohol while in training, whether the student-athlete is under age or of age to be able to purchase alcohol legally?

We who are members of BTOWN BANNERS are not the judges of what will or should happen to Mr. Hanner Perea. We are merely onlookers  who can express interest in the success of the team. Coach Crean runs the team. He had a lot of support last year when the team was winning. This year he needs support as he again tries to bring winning basketball to our university. 

[mdn82 25,510]

Rayl, look at DUI in Indiana under DMV.  1st offense is 90 days suspension, but you can get probationary license after 30 days. 

 

www.dmv.com/in/indiana/dui-dwi

 

He will have a Class A misdemeanor for his BAC being over .15.  License suspension for 1st offense is still the same.  He will get his license back after 30 days, without anyone being able to be in his car.  That is under #1 for Actions against....

[mdn82 25,510]

^^^ OWI for first offense fell under the same category as DUI.

[Hovadipo 55,115]

[quote name="CuencaRich" post="38455" timestamp="1392401644"]Not being a resident of Indiana, I had no idea what "OWI" signifies. After getting to the second page of comments, I found out that operating a motor vehicle while intoxicated is what this student athlete is alleged to have done. I attended IU Bloomington as a graduate student, so I was of age to purchase liquor legally. I did not own a car when I attended my undergraduate university, nor when I attended IU.
If, Mr. Hanner Perea was intoxicated,the question arises as to how he, an undergraduate, came into possession of alcohol. If he was driving an automobile, how was he able to afford one, since the current outcry among student athletes is that they should be paid for their services. Perhaps his family purchased the car for him. Did he receive the car from an overzealous booster? Some serious questions need to be asked here. What are the university's regulations concerning possession of alcohol by a minor? What are the team's regulations concerning imbibing in alcohol while in training, whether the student-athlete is under age or of age to be able to purchase alcohol legally?
We who are members of BTOWN BANNERS are not the judges of what will or should happen to Mr. Hanner Perea. We are merely onlookers who can express interest in the success of the team. Coach Crean runs the team. He had a lot of support last year when the team was winning. This year he needs support as he again tries to bring winning basketball to our university. [/quote]

Pretty sure Hanner is 21. Birthday was in January.


Sent from my iPhone using BtownBanners

[Hwy 1 2,053]

Rayl, look at DUI in Indiana under DMV.  1st offense is 90 days suspension, but you can get probationary license after 30 days. 

 

www.dmv.com/in/indiana/dui-dwi

 

He will have a Class A misdemeanor for his BAC being over .15.  License suspension for 1st offense is still the same.  He will get his license back after 30 days, without anyone being able to be in his car.  That is under #1 for Actions against....

 

 

 

 

"You may be eligible to drive using a probationary license after a 30 day suspension period."

 

 

I forgot about that. I do remember one guy getting it back in 30 days. It isn't automatic though. Pretty sure everyone else I know got the full 90. They might have been over .15 though.   

[Rayl 527]

Rayl, look at DUI in Indiana under DMV.  1st offense is 90 days suspension, but you can get probationary license after 30 days. 

 

www.dmv.com/in/indiana/dui-dwi

 

He will have a Class A misdemeanor for his BAC being over .15.  License suspension for 1st offense is still the same.  He will get his license back after 30 days, without anyone being able to be in his car.  That is under #1 for Actions against....

 

OK. That is different than what I found. Let's just go with yours because I don't want to consult statutes today. Either way, it is a stiff penalty. :)

[BlueDevil 8,655]

[quote name="Napleshoosier" post="38459" timestamp="1392402090"]I still say the cop should have taken him to Creans. so big ....t if he was driving under the influence. Things can be handled more discrete. Show boating cops...........look you are barking up the wrong tree with me. I have no respect for butt wipe cops that want the spot light....thats CRAP!!![/quote]

They were just doubg their job. So you mean driving drunk is not that big of a deal?