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Ben Wallace Appears In Court On DUI, Weapons Charges

DETROIT (WWJ) - Detroit Piston Ben Wallace was in front of Judge Kimberly Small for less than three minutes to forego his preliminary examination on drunk driving and weapons charges.

Wallace was pulled over and arrested last weekend after police said he was driving erratically on Telegraph near Long Lake Road.

According to the police report, officers found an unloaded pistol in a backpack in Wallace's Cadillac Escalade.  It was registered in the name of another family member.

Steve Fishman (WWJ Photo/Ron Dewey)

Monday at 48th District Court in Bloomfield Hills, Wallace's attorney Steve Fishman said skipping them prelim is nothing new.

"Examinations get waved routinely when you don't have an issue ... they're often waved. There's nothing strange," Fishman said.

Fishman was asked for his thoughts on the legality of the search.

"There's all kinds of circumstances under which the Supreme Court, in its infinite wisdom, none of whom have been stopped by any police officers I might add ... there's all circumstances under which police are allowed to search," said Fishman.

"The question in this case, as in any case, is do these circumstances fit," he said.

Fishman said he doubts the possibility of jail time given Wallace's otherwise clean record.

"Take away the fact that he's Ben Wallace basketball player," said Fishman.

"If I'm representing Ben Smith, a guy who works every day, he's never been in trouble in his life, he's got a wife and kids, active in charitable things, he's great with the youth, and he has an unloaded pistol in his vehicle and he's almost 40 years old ... you guys tell me, who goes to jail for that?"

The case will be heard in Oakland County Circuit Court.  Meantime, Wallace remains free on personal bond.

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