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A judge in Alameda County Court in California denied a motion to suppress evidence and dismiss Seattle Seahawks running back Marshawn Lynch's DUI case Friday, according to his attorney, Ivan Golde.
A trial date of Dec. 27 has been set for the case. However, Golde said he likely will get a continuance so the trial does not take place during the season.
Lynch's court date stems from charges filed against him for allegedly driving under the influence of alcohol on July 14, 2012.
Lynch, 27, was arrested in the early morning by the California Highway Patrol when a police officer allegedly observed him driving north on Interstate 880 in Oakland, weaving in and out of lanes in a white Ford van and nearly colliding with two cars.
After failing a preliminary sobriety test, Lynch was taken into custody and transported to the Alameda County Sheriff Department's North County Jail in Oakland. Lynch submitted to a breathalyzer test, which came back positive with his blood alcohol content over the state's legal limit of 0.08, according to police.
The Alameda County District Attorney's Office filed charges against Lynch on July 18, 2012. Lynch pleaded not guilty last August.
Golde said the arresting officer provided testimony Friday that was different from what he initially said a year ago on record.
Golde said the arresting officer told the court that he observed Lynch driving for a mile before pulling him over; last year, the officer said he saw Lynch driving for one-fifth of a mile.
"The officer drastically changed his story on that critical piece of information," Golde said. "The impression the DA's office seems to be making is that they are singling him out to show that high-profile players can't get away with these things. After all of what Marshawn does for this community, for the police to lie and change their story to prosecute him is inexcusable."
Golde added that the judge has encouraged the two sides to settle the matter before the case goes to trial.