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Is ex-football star with long driving record getting special treatment?

I-TEAM uncovers why Jabar Gaffney still has a valid driver's license

JACKSONVILLE, Fla. – A tip to the I-TEAM leads our investigators to a question of treatment when it comes to a high-profile member of the local community, and if it's putting innocent drivers at risk  

We've uncovered that year after year, Jabar Gaffney -- a former local football star turned NFL pro -- has had a history of run-ins with police including an allegations of domestic violence, nearly 50 driving infractions, even a lawsuit filed against him for an incident on the road. But, Gaffney still has a legal license to drive, and it could be because of a legal loophole.

The former William M. Raines High School standout went on to play as a wide receiver for the University of Florida. He followed that with an 11-season career in the NFL. But now, he's tackling mounting legal battles in court, hiring attorneys like AJ Tasker to fight them.

The I-TEAM was in court recently for a hearing for Gaffney's most recent traffic stop, and Gaffney wasn't there.  Because it was a misdemeanor offense, Gaffney could have his attorney attend for him.

That hearing focused on his most recent marijuana possession charge -- his fourth drug charge in 15 months, including a citation for marijuana outside a Jacksonville gym where Gaffney told police he smokes pot before his workouts because "it relaxes him."

In 2016, we uncovered a long list of Gaffney's run-ins with police. An arrest in Sumter County found 6.5 grams of weed inside Gaffney's truck. And in Duval County, we found in 2016 alone - he had encounters with law enforcement and was even arrested for violating a domestic violence injunction. The woman in that case told a judge he'd threatened her and she feared for her life. 

Also in 2016, while Gaffney was driving a Porsche, he was caught speeding 25 miles an hour over the speed limit in a school or work zone.

And, last year, reports show he hit another driver while speeding in his Maserati on I-10. That driver is now suing Gaffney.

The I-TEAM looked further into Gaffney's records and obtained his full driving history from the Florida Department of Highway Safety and Motor Vehicles. It shows 48 separate driving infractions, including 10 tickets in a recent 24-month span -- mostly for speeding.

Those tickets would be enough to suspend a driver's license for a full year, but Gaffney kept legally driving.

We found the loophole in his driving record. For each recent ticket, Gaffney was given zero points on his driver's license, and here's why. In Florida, the traffic court can adjudicate you guilty -- which is a conviction. Or, the court can withhold your adjudication -- which is not a conviction.

In order to get points, to possibly cause a driver to lose his or her drivers' license, the court has to adjudicate the driver guilty. 

In Gaffney's case, it appears he gets a lawyer, pays a fine and keeps legally driving.

Of those 10 recent tickets, nine were in Duval County. News4Jax Crime and Safety Analyst Gil Smith says Florida judges have access to this same driving information the I-TEAM obtained.

"I know of a lot citizens who have had their license suspended for far less driving infractions then Jabar Gaffney had," said Smith. "It's hard to say whether or not he's getting special treatment because sometimes it's the judge's discretion. Now, the Gaffney name is a big name, not only in Jacksonville but in the state of Florida."

The I-TEAM dug further back and found in 2000, Gaffney was arrested for driving on a suspended license. He was also arrested in Alachua County for felony theft. Gaffney was never found guilty.

In 2009, Gaffney was again cited for driving on another suspended license. In 2010, we found a felony charge including tampering with evidence and resisting an officer.

Next came a flurry of speeding tickets, driving 92 mph in a 70 mph zone, 90 mph in a 65 mph zone, 80 in a 45 mph zone and 85mph in a 55 mph zone.

By 2013, he was ticketed for driving on a suspended license again -- his third time. But what the I-TEAM discovered is this: all of the older speeding tickets were mostly given by other Florida counties, not Duval County, and in nearly every case outside Duval County, he was found guilty and eventually lost his license.

But since 2014, Gaffney received 10 new tickets -- almost all in Jacksonville. He had a potential of 24 points against him, enough to suspend a Florida driver's license for one full year -- but again, Gaffney received zero points.

The original tip to the I-TEAM came as a question of concern, asking if innocent drivers are in danger with Gaffney legally allowed on the road.  

"It's hard to tell because they [tickets] spread out over so many years. The speeding violations are troublesome," said Smith. "If he believes he won't get his license suspended, then they [drivers] could be a danger if they feel they can get away with it."

The I-TEAM did try to talk to Gaffney for his side of the story. The addresses from his court cases took us to Queen's Harbour and nearby condos, but both communities are gated. We also reached out to his most recent attorney, AJ Tasker to ask if we could talk to Gaffney about his driving record. Gaffney declined but Tasker issued us this statement:

I am very surprised to discover you are working on a story about a 36-year-old man's driving history, when he has never been convicted of any serious traffic infractions, and his driver's license has been consistently valid. I'm at a loss as to why you are focusing so much of your time and attention on this issue, regardless, I can assure you Mr. Gaffney has not received any different treatment by the courts of the State of Florida, than any of this firms other clients, if that is your concern."

The I-TEAM had two different sources say a similar driving record is often only found after a tragic accident -- more likely a fatal accident. And, it's after the fact, that people are left asking, "What more could have been done?"