Tag: extreme DUI

Image (1) nikolaikhabibulin3-thumb-250x196-19078.jpg for post 3189

Khabibulin will spend 12 hours per day serving hard time… at home


Just yesterday we heard that Edmonton goaltender Nikolai Khabibulin was going through Sheriff Joe Arpaio’s “tent city” to do some hard time. Tonight, we’ve found out that only half of that statement is true. He will still spend his sentence in Tent City—but it’s going to be difficult to sell anyone that this is hard time. Listen to this: from 9:00am until 9:00pm, he’ll be free to go wherever he wants and do pretty much as he pleases. When 9:00pm rolls around each night, he’ll be required to return to Tent City to do his time each night. As long as he agrees to cut his hair and stays away from alcohol for the 15 days, he’ll be free to kick back and do what he pleases in public.

A spokesman for the Sheriff’s office, Justin Griffin, broke it down for the Edmonton Journal:

“Should Khabibulin fail to abide by jail rules during his 15-day sentence, Griffin said the goalie will be remanded into full custody and will lose all privileges. If Khabibulin refuses to cut his hair, if he shows up late at the end of the days, if there’s alcohol on his breath or he appears intoxicated, that’s it. Pink shorts. Striped jumpsuit.”

Again, let’s be clear: as long as he cuts his hair and stays sober, he can spend 12 hours of each day in the comforts of his own home. And this is the tough part of the sentence. After the 15 nights in Tent City, then he’ll have 15 days of house arrest with an ankle monitor.

“According to a representative of Scottsdale City Court, he will spend 15 days in jail, with the other 15 days to be served at home with an electronic monitoring device. He will start serving the sentence this weekend. Khabibulin must also enter an alcohol treatment program.”

When he starts his sentence this weekend, he’ll be forced to stay in Tent City for at least 48 hours before he can go home during the day. There were promises that Khabibulin would not receive preferential treatment—which is still marginally true. Inmates in Maricopa County are oftentimes allowed to leave during the day so they can work their day jobs before returning to Tent City for the evenings. Even though Edmonton’s training camp doesn’t start until September and the season doesn’t begin until October, he will be able to spend his days at home under the work-release program. As the Edmonton Journal clarified, “it’s not uncommon for DUI offenders to get work release, but that decision rests in the judge’s hands.”

It’s commendable that Khabibulin dropped his appeal to face his sentence earlier this week—but there’s very little downside here. In Arizona, the minimum sentence for a DUI charge is 30 days in jail, $1000 minimum fine, and an alcohol abuse program. Khabibulin was charged with “extreme DUI and reckless driving,” yet will only spend 12 hours per day in Tent City. For half of his sentence. Yet, Sheriff Joe Arpaio said that the Oilers’ goaltender wouldn’t get preferential treatment. Surely, this is how the average Joe’s situation would be handled, right?

Nikolai Khabibulin drops his DUI appeal, will go to jail

Nikolai Khabibulin

Nikolai Khabibulin is doing the right thing and owning up to his crime.

Last summer, Khabibulin was convicted in an Arizona court of extreme DUI and reckless driving and sentenced to 30 days in jail. He filed an appeal to get a stay on his sentence, but today he’s opted to drop his appeal and serve his punishment.

According to a representative of Scottsdale City Court, he will spend 15 days in jail, with the other 15 days to be served at home with an electronic monitoring device. Khabibulin must also enter an alcohol treatment program.

Khabibulin was arrested and charged in February of last year in Scottsdale. Police say he was doing 70 miles/hr in a 40 miles/hr zone. They went to say that a breathalyzer showed he had at least twice the legal amount of alcohol in his system.

Khabibulin issued a statement on the situation and The Sporting News’ Craig Custance shares the word from the former Stanley Cup winning goalie.

“Over the past 6 months my appeals case has been pending with the Maricopa County Superior Court and, as of July 7, 2011, no Oral Argument date had been set. The length of this process has placed my attendance at training camp in serious jeopardy. Accordingly, despite assurances by legal counsel regarding the strength of my appeals case, I have decided to withdraw my appeal and proceed with sentencing by the Scottsdale Municipal Court.

“I readily accept the lawful sentence which has been imposed by the Scottsdale Municipal Court, which includes jail, fines and substance abuse counseling. I will fulfill all of my obligations required by Scottsdale and the State of Arizona in the coming month. Once completed, I eagerly anticipate a timely return to Edmonton for training camp, where I will strive to be the best player, teammate and citizen possible.”

Khabibulin’s sentence likely won’t have much of an effect on the Edmonton Oilers as he’ll likely be in and out of lockup before training camp begins in September. The Oilers already have a lot of options in goal as it is with Devan Dubnyk on the rise and now Yann Danis in the system as well. That’s of little consequence as Khabibulin’s conviction is embarrassing for himself and for the team as well.

Khabibulin has two more years remaining on a four-year, $15 million contract that the Oilers signed him to that also doubles as a 35+ deal meaning that his $3.75 million cap hit sticks around no matter what. If the Oilers are eager to let him go and try to get rid of him through any other means than a trade, they’ll be stuck owing him that money against the cap regardless of what they do with him. Expect that the Oilers and GM Steve Tambellini will stick by Khabibulin through this ordeal and get him back on the ice as long as he’s healthy.