According to the Daytona Beach News-Journal, Danny Eslick (shown above in his mug shot) has resolved his issues from Daytona Bike Week, as the local newspaper reports that Eslick has plead “no contest” to charges that he struck a police officer last week, ahead of the Daytona 200.
In exchange for his plea, Eslick’s charges for battery on a law enforcement officer have been dropped from a felony of the third degree, down to a misdemeanor battery.
This means that Eslick should get a 12-month probation from the court, with early termination set at the six-month mark, which includes provisions for sobriety and counseling. However, that sentence could not be made by Circuit Court Judge Frank Marriott because of a technical matter, as it is not clear how Eslick will serve probation while out-of-state.
This leaves Eslick suspension with the AMA in a bit of limbo, until the terms and process of the probation are figured out by the Florida Department of Corrections.
Unlike pleading guilty, where the accused admits guilt to the crimes charged, a “no contest” or “nolo contendre” (just “nolo” for those in the biz) plea holds a minor legal technicality of difference, as it means that the accused neither admits guilt to the crime charge, but also doesn’t disputes the charges made.
At its most basic level and technicalities aside, a no contest plea is the same as offering a no guilty plea to a court during a criminal proceeding; but among other things, it allows the accused a more defensible position should a civil matter be brought forth for the same action.
This is important, since a guilt plea during the criminal proceedings can be used against the accused during civil matters, which in this case would see the officer involved suing Eslick for tortious battery.
Eslick avoids that situation with a no contest plea, not that there is any indication that the officer intends to sue the motorcycle racer.
The news of the plea deal did not sit well with Daytona Beach Police Chief Mike Chitwood, who says that Eslick’s special status as a nationally recognized motorcycle racer is affording him special treatment under the eyes of the law.
“I am pissed off that a woman is pushed to the ground and a police officer was punched and a disposition is reached in what, 48 hours,” he told the Daytona Beach News-Journal. “It sends the message that it’s OK to take an officer as a punching bag just be cause it involves a celebrity motorbike racer.”
Contrast that opinion with the prevailing thought from the motorcycle community that Eslick has already served more punishment than he deserves.
It was clear last Saturday that Daytona 200 race-winner Michael Barnes wished that Eslick had been on the track last weekend, taking his victory celebrations over to Eslick, who was watching trackside.
Many fans too have echoed the thought for Eslick’s return back to professional road racing. For those interested for more on this topic, the latest Two Enthusiasts Podcast episode covers it in greater detail.
As for matters with the AMA, it will likely take more time to see how the motorcycling governing body decides to handle Eslick’s ban on racing, and whether or not it will be lifted before the start of the MotoAmerica season.
Source: Daytona Beach News-Journal
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