The Edmonton Oilers goalie Nikolai Khabibulin was charged with DUI last February after his Scottsdale drunk driving arrest, but CBC News now reports that the hockey star's lawyer is asking Arizona courts to throw out the charges and argues that his client's constitutional rights were violated.
Desperate times call for desperate measures. Arizona DUI attorney Mark DuBiel is now doing everything that he can to prove his client's innocence by examining all the evidence in the case. Nikolai Khabibulin's lawyer reportedly plans to testify that studies from the National Highway Traffic Safety Administration in the U.S. say standard field sobriety tests should not be given to certain people who would have difficulty with them sober, including people who are over 65 years of age, people with back, leg or middle-ear problems and people with high-heeled shoes.
After Nikolai Khabibulin was pulled over for speeding last February, he told officers that he had back problems and that he recently had surgery. Mark DuBiel is arguing that the law enforcers had no legal right to test the hockey player and that the officers did not have probable grounds to make him take the sobriety test. According to court documents, Nikolai Khabibulin did not "exhibit any reasonably trustworthy signs of impairment." Hence, the Arizona DUI attorney is arguing that since taking the field sobriety tests violated his client's constitutional rights, all evidence that came out of the seizure should not be allowed, including the results of the blood test.
Nikolai Khabibulin has his evidentiary hearing set for June 21 in Scottsdale.