DUI Charges Stick in Re-Khabibulin Case

By , June 21, 2010 5:57 pm
Re-Khabi seen here, taking a swing of the ol' Jesus Juice

Re-Khabi seen here, taking a swing of the ol' Jesus Juice

From iNews 880:

Edmonton Oilers goalie Nikolai Khabibulin will face a jury trial after all.

The lawyer for the 37-year-old was in an Arizona courtroom today attempting to have his client’s impaired driving charges dropped. Mark DuBiel argued that Khabibulin shouldn’t have had to undergo a field sobriety test because he had recently undergone back surgery.

DuBiel says his client’s constitutional rights were violated and it would have been hard for him to pass the tests even if he was sober. The motion to suppress was denied though.

Khabibulin was pulled over for going 70 mph in a 45 zone in February. He’s charged with DUI, DUI with a blood-alcohol level of .08 or more and exceeding the speed limit by more than 20 mph.

The trial is slated to begin on July 7th.

I can honestly say I’m happy that this is the case. Not because I’m pissed off about Khabibulin’s contract. If Hemsky did the same, or someone else that I’d like, I’d want the case done properly. I don’t like seeing anyone get away with something like this.

That said, anyone know the law on travel to the US if Khabibulin is found guilty? I know Arizona is pretty strict on their DUIs, so he may face a misdemeanor charge. But I’m not sure if that is big enough to keep him from leaving Canada… any of you junior, wannabe lawyers know?

20 Responses to “DUI Charges Stick in Re-Khabibulin Case”

  1. Chappy says:

    Hey, Racki.

    From an American who used to live on the ugly side of Niagara Falls, I can tell you that unless he’s got some wizard attorney, if he pleads guilty to DWI in any sort of fashion he can pretty much write off any travel to Canada for the next ten years.

    If you’re found guilty of a DWI in the US, you’ve got to petition Canada in order to have them consider to have your international travel privileges reinstated. I’ve known more than a couple of people who this has happened to, and none of them have had good luck with this.

    As far as a Russian citizen getting nabbed for an alcohol related offense in the United States, I can’t think his chances are good. Again, I’m going with wizard attorney.

    Cheers

  2. Racki says:

    That guy that O.J. Simpson worked with seemed to know a thing or two.. I wonder if he’s available.

  3. Benhur says:

    Is Khabby a US citizen, would be my first question. If he is not, then as a foreigner working on a visa he could have this pulled. If that happens he would be headed for the KHL.
    If he is a US citizen then he may have to petition the Canadian gov to work in Canada and I would guess that he would be permitted to work and live here since I am sure there has been many precidents for proffesional athletes in the past.
    I am curious if there is jail time associated with this charge. If there is he may not make it to training camp or even the beginning of the season. If any one knows, please post it. Thanks.
    Also if he doesn’t make training camp can the Oilers release him and get rid of his cap hit?????
    Interesting stuff!!!

  4. Racki says:

    First off, thanks for posting, and welcome to the Foil, Benhur…

    Anyways, I’m no lawyer, but here is some info on Arizona law and DUIs. From what I understand, Khabi blew over the extreme DUI amount of .15 (I think he was .16).

    According to this site’s information, jail time for extreme DUI is 10-30 days (note that it shows the minimum as 10 days… so I presume that means that if he is found guilty, he’s for sure getting at least 10 days in the slammer).

    As far as fines (mere pocket change for Khabi): Minimum $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund).

    And this above info is just for the FIRST offense.

    As far as releasing him, this is something that was discussed a bit on various forums and blogs (including this one). I think technically, there are out clauses in all signed player contracs that refer to professionalism (i.e., if you do something stupid, you can have your contract ripped up). From what I understand, the Oilers would be setting a new precedent if they did this… so I wouldn’t get your hopes up, if you’re in the majority of fans that are cursing Tambellini for the length + salary of that contract.

    Anyways, if I’m a betting man, I’m going to guess that somehow Khabi gets off on the Extreme DUI and pleads guilty to (regular?) DUI. I think he still faces some jail time in that case, but it might only be a day.

    Either way, he’ll still have that misdemeanor to worry about. Not to be cruel, but I hope Arizona lives up to their reputation of being intolerant to drunk drivers.

  5. victoriaoilerfan says:

    @ Benhur:
    Benhur wrote:

    Is Khabby a US citizen, would be my first question. If he is not, then as a foreigner working on a visa he could have this pulled. If that happens he would be headed for the KHL.
    If he is a US citizen then he may have to petition the Canadian gov to work in Canada and I would guess that he would be permitted to work and live here since I am sure there has been many precidents for proffesional athletes in the past.
    I am curious if there is jail time associated with this charge. If there is he may not make it to training camp or even the beginning of the season. If any one knows, please post it. Thanks.
    Also if he doesn’t make training camp can the Oilers release him and get rid of his cap hit?????
    Interesting stuff!!!

    My Nephew is a lawyer in Phoenix. I talked to him about this case awhile back. Khabby if convicted of DUI and is NOT a US citizen he will have to get a waiver certificate from the Dept. of Homeland Security to be allowed travel into the USA. If he is a US citizen he will need a waiver from the Canadian Immagration Dept. to travel into Canada. If he is not A US nor a Canadian citizen he will need a waiver from both Govts’ to travel back and forthe.
    It is unlikely he will deported however. It is also highly unlikely he will do any jail time. To get imprisoned in AZ. you would have to show extreme recklesness or have kiled or injured someone.
    Anyhow that was his take on the situation for what it is worth.
    Problem is getting this waiver takes time, so Khabby may have some delays next season getting it. I have a feeling that the Oilers can pull the right strings however to expidite the prosess faster if need be. But who knows?

  6. Racki says:

    Oh wow, this blog has good info on the subject. Sounds like you are right, Benhur, that he wouldn’t be allowed back into Canada if he was found guilty. Add to that, the article says its a minimum of 30 days jail time.

    What’s even worse is that the NHL star may never be able to step foot on Canadian soil, if he’s convicted of the DUI charge. So it may not be long before Mr. Khabibulin has to say good-bye to the Edmonton Oilers. Canada views misdemeanor DUI convictions that occur in the United States as felonies. And because Mr. Khabibulin is a Russian citizen, not a Canadian citizen, it could be very difficult for him to enter the country of Canada with such a conviction.

    Be sure to click the link above, and give the author some hits.. theres some other good reading on this Khabi situation I intentionally left out.

  7. Racki says:

    victoriaoilerfan wrote:

    @ Benhur:
    Benhur wrote:

    Is Khabby a US citizen, would be my first question. If he is not, then as a foreigner working on a visa he could have this pulled. If that happens he would be headed for the KHL.
    If he is a US citizen then he may have to petition the Canadian gov to work in Canada and I would guess that he would be permitted to work and live here since I am sure there has been many precidents for proffesional athletes in the past.
    I am curious if there is jail time associated with this charge. If there is he may not make it to training camp or even the beginning of the season. If any one knows, please post it. Thanks.
    Also if he doesn’t make training camp can the Oilers release him and get rid of his cap hit?????
    Interesting stuff!!!

    My Nephew is a lawyer in Phoenix. I talked to him about this case awhile back. Khabby if convicted of DUI and is NOT a US citizen he will have to get a waiver certificate from the Dept. of Homeland Security to be allowed travel into the USA. If he is a US citizen he will need a waiver from the Canadian Immagration Dept. to travel into Canada. If he is not A US nor a Canadian citizen he will need a waiver from both Govts’ to travel back and forthe.
    It is unlikely he will deported however. It is also highly unlikely he will do any jail time. To get imprisoned in AZ. you would have to show extreme recklesness or have kiled or injured someone.
    Anyhow that was his take on the situation for what it is worth.
    Problem is getting this waiver takes time, so Khabby may have some delays next season getting it. I have a feeling that the Oilers can pull the right strings however to expidite the prosess faster if need be. But who knows?

    Great info, Vic… I still recommend reading the above article I quoted, but it’s good to hear another take on the subject. Does your nephew have anything to say about the subject with extreme DUI? The article in the original post doesn’t mention Extreme DUI, but other sources I’ve read say he blew over 0.15 (which would make it extreme DUI). I know that comes with a stiffer penalty, but I’m just wondering how much stiffer it is.

    Good info here!

  8. Racki says:

    The EJ also mentions that he’s charged with Extreme DUI, plus the speeding charge (70mph in a 40mph zone).

    At any rate, I have suspicions that he’ll get off lightly because he’s a public figure… same old story with celebrities/sports figures…

  9. victoriaoilerfan says:

    Racki wrote:

    The EJ also mentions that he’s charged with Extreme DUI, plus the speeding charge (70mph in a 40mph zone).
    At any rate, I have suspicions that he’ll get off lightly because he’s a public figure… same old story with celebrities/sports figures…

    Exactly Rakki, life isn’t fair. Understand the AZ. is in a real tough financial bind as well. Putting someone in prison or dragging out a long court case costs money. But to answer your question about the extreme DUI I didn’t ask my nephew about that.
    I am sure the Oilers are NOT happy campers at the moment hearing all this crap. No matter what happens Khabby is going to cost the Oilers alot of time chasing paperwork because of his stupidity. I wish the Oilers had an out on his contract. Get rid of him!

  10. gr8one says:

    wow…I doubt it will come to it, but if he was unable to travel across the U.S. Canadian border that would pretty much leave his only option to go to the KHL, and we’d actually have an “out” on not having to take his cap hit.

  11. Racki says:

    I think the Oilers could use the DUI itself as an out (I remember lots of talk about this, but I don’t remember if it was found a valid reason or not)… although it is unchartered territory for something like this. But I don’t see it happening.

  12. chucker says:

    @ Racki:
    If it doens’t fit you must acquit! Fucking Johnyy Cochrane. There’s a special place in hell for him.

    What’s the slogan for Kahbbi?

    If he didn’t blow then let him go!! Sound good. I’m opening it up for a contest with suggestions.

    Also, kind of related was the Probert case. He couldn’t cross the border for a few years at one point. It was while in Detroit, but it was not a big deal because he was based in the U.S. and there were only 5 teams to come over for. Maybe his case is a good precident. I’m not sure what state charged him though.

  13. chucker says:

    Racki wrote:

    First off, thanks for posting, and welcome to the Foil, Benhur…
    Anyways, I’m no lawyer, but here is some info on Arizona law and DUIs. From what I understand, Khabi blew over the extreme DUI amount of .15 (I think he was .16).
    According to this site’s information, jail time for extreme DUI is 10-30 days (note that it shows the minimum as 10 days… so I presume that means that if he is found guilty, he’s for sure getting at least 10 days in the slammer).
    As far as fines (mere pocket change for Khabi): Minimum $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund).
    And this above info is just for the FIRST offense.
    As far as releasing him, this is something that was discussed a bit on various forums and blogs (including this one). I think technically, there are out clauses in all signed player contracs that refer to professionalism (i.e., if you do something stupid, you can have your contract ripped up). From what I understand, the Oilers would be setting a new precedent if they did this… so I wouldn’t get your hopes up, if you’re in the majority of fans that are cursing Tambellini for the length + salary of that contract.
    Anyways, if I’m a betting man, I’m going to guess that somehow Khabi gets off on the Extreme DUI and pleads guilty to (regular?) DUI. I think he still faces some jail time in that case, but it might only be a day.
    Either way, he’ll still have that misdemeanor to worry about. Not to be cruel, but I hope Arizona lives up to their reputation of being intolerant to drunk drivers.

    I’m kind of hoping we do set a percident here. Playing hockey is a privelage, not a right. If he’s guilty, tear it up and get another goalie. To tell you the truth, it would likely be a good PR move to the fans. People hate the spoiled double standard for athletes. Hopefully the U.S. does revoke his visa or whatever the situation is and it forces the Oilers hands so it looks like they had no other option.

    Maybe it’s just me, but it pisses me off to see Dany Heatley skating and living his egotistical life out there after he kille his best friend. He never should have been let back in the league just based on ethics in my view.

  14. Racki says:

    He was charged in Arizona (which apparently is very strict on drunk driving)

  15. victoriaoilerfan says:

    Racki wrote:

    He was charged in Arizona (which apparently is very strict on drunk driving)

    And is a State that is in SERIOUS defict problems. People and business’s are not paying property taxes. Money rules the roost.
    Seting aside all this legal stuff for a minute. Khabby is a selfish jerk IMO. Mr Ferrari who came from the Gulag played great for the Bolts then got a big contract from the Hawks and was garbage. His contact really crippled that team IMO. Sorry he is the last guy that I would have ever signed! Now he is driving around drunk in AZ in his Ferrari. Get rid of this guy if it is at all posssible! Roli should have never been let go for this loser.
    He doesn’t give a shit about the Oilers!

  16. chucker says:

    @ victoriaoilerfan:
    I just hope he’s gone after all this. That’s the bottom line for me.

  17. Racki says:

    I will admit that I was a guy that was wanting to see the Oilers sign Khabi. But I was thinking a 2 year contract at around $2M-3M per season…. what Tambellini ended up doing was flat out moronic.

    As I said at the time of the signing, I would have rather had Roli for another two years.. go with the devil you know.

  18. LateNightOilFan says:

    Please stop, you guys are getting my hopes up!

    What will probably happen is he’ll plea bargain down to a suspended sentence, be required to do the NHL’s substance abuse program and be on his merry way in an Oiler jersey until he gets hurt again.

    However, the international rules give me hope. If the Oilers sign another UFA goalie July 1st or trade for a starting goalie, we might get our answer before Khabi’s court date.

  19. Racki says:

    Yah, I honestly think the first scenario you mentioned is what will happen, LNOF

  20. Benhur says:

    @ victoriaoilerfan:
    Thanks for the info victoriaoilerfan:
    I would think that Oilers management and legal has completely analyzed the legal, immigration and employment implications of a DUI conviction.
    Now depending on whether they want to keep Khabby I believe their response will be made shortly after Khabby’s DUI case is resolved. If they don’t want Khabby back they would move quickly after a conviction to rip up his contract. If they want him back between the pipes there will be very little response from the Oilers.
    Also I would expect that if they were contemplating ripping up his contract they would have been talking to the NHL head office/legal dept. Maybe there is some rumors or better yet facts that our bloggers know about regarding this.
    p.s. If they want to rip up his contract they probably will not trade JDD ot DD at this time.

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