Fairley's lawyer requests pre-trial diversionary program

Nick Fairley was fined for his hit on Jay Cutler in the Lions game against Bears.

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Posted: 09/26/2012

MOBILE, Ala. (AP) - A lawyer for Detroit Lions defensive tackle Nick Fairley requested on Wednesday that the player be allowed to go through a pre-trial diversion program instead of facing a trial in Alabama.

Fairley was charged with driving under the influence and attempting to elude police following a May 27 arrest. His Baldwin County District Court trial was set to start Wednesday morning, but attorney Sid Harrell instead filed paperwork requesting Fairley attend an anti-DUI course after stipulating to a first-time DUI.

"He will have to live up to that agreement and attend the program," Harrell said. He said a judge will have to review the request and hold a hearing.

Fairley was not in court. He participated in practice with the Lions in Allen Park, Mich., on Wednesday morning.

The Lions are preparing for a game against the Minnesota Vikings on Sunday.

Harrell said he expected a hearing on the request for the pre-trial diversion program to be scheduled sometime in the next two months. Harrell said he expected the hearing to be arranged to accommodate his client's NFL schedule.

Fairley was arrested after a state trooper said he was traveling at 100 mph in his Cadillac Escalade and initially didn't pull over. He also faces a misdemeanor marijuana possession charge Nov. 27 in his hometown of Mobile.

Harrell said expected the misdemeanor charge to be dropped once Fairley completes the diversion program.

"He is already drug tested every week by the NFL," Harrell said

Fairley was a 2011 first-round pick after helping lead Auburn to a national title.

Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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