EDITOR'S NOTE: The Associated Press reported erroneously that Tennessee Titans wide receiver Kenny Britt was found not guilty of violating the implied consent law. Britt was convicted of violating Kentucky's implied consent law but received no penalty on that charge.
FORT CAMPBELL, Ky. -- A federal magistrate has found that Tennessee Titans wide receiver Kenny Britt is not guilty of driving under the influence after trying to pass through a security gate at Fort Campbell Army post on the Tennessee-Kentucky state line.
After a five-hour trial on the post Tuesday, U.S. magistrate Lanny King also found Britt was not guilty of violating the implied consent law for refusing to take a Breathalyzer test.
Britt, wearing tan pants and vest with a white shirt, was in the courtroom but was not called to testify. Britt did not stop to talk after the ruling.
"We appreciate the court for hearing us and giving us a fair hearing, and Mr. Britt's ready to move forward with his life and finally put this event behind him," said the player's attorney, Jonathan Farmer.
Britt was arrested on July 20 when he tried to enter the post through a gate on the Kentucky side of the installation. Military police administered three field sobriety tests, then handcuffed Britt and took him to the Fort Campbell police station where he refused to take a Breathalyzer test.
Military police stopped Britt to search his trunk after observing him changing lanes twice as he approached the entrance with signs pointing out it also was a sobriety checkpoint. The magistrate said it was reasonable that Britt might switch lanes when driving toward the gate around 2:30 a.m. There was also conflicting testimony on whether or not Britt failed the sobriety tests. The magistrate threw out testimony that Britt told two officers at the provost office that he wouldn't pass the Breathalyzer because he had three double shots at a bar earlier.
Britt wrote on the implied consent form that he refused to take the test because he had passed the field sobriety tests.
This was the eighth incident involving police and the 6-foot-3 receiver since being drafted.
Britt, 24, is going into the final year of his current contract with the Titans. He tore his right ACL in the third game of 2011 and wound up having three surgeries on his knees through June 2012. He still started 11 of his 14 games in 2012 and tied for the team lead with four touchdowns. But Britt ranked third with 45 catches for 589 yards.
Copyright 2013 by The Associated Press