The rapper is set to go behind bars today as punishment for a traffic offence...
DMX is due to begin a 15-day jail sentence in NEW YORK today (February 9) after his lawyer failed in a last-minute bid to keep him out of prison on charges of driving without a licence.
The rapper, who has two nominations at this year’s Grammy awards – including best hip hop album for ‘…And Then There Was X’ – was arrested on March 3 last year in New York and pleaded guilty to driving without a licence. Justice Ronald E. Kmiotekordered a minimum 15-day jail sentence and $400 fine.
However, DMX’s lawyer Mark Mahoney has made legal representations to try and avoid detention of DMX, born Earl Simmons, while he asks for a review of alleged constitutional violations in state court proceedings.
A request to appeal against the severity of the sentence was denied last week.
According to reports on [url=]www.mtv.com, Erie County District Attorney Frank Clark said: “I am amazed by all the legal churning I have seen over such a minor offence. Honestly, in my 30 years in law, I have never seen a traffic matter go to federal court.”
While DMX himself has made no statement, his lawyer said: “I am disappointed because I feel that if we could get a judge to actually hear us on the main issue, that of the harshness of the sentence, we should win. We are caught by the application of a rule established by the New York Court Of Appeals that presumse that one who gives up the right to appeal their conviction means also to give up the right to appeal the sentence that has not yet been imposed.”
The chart-topping rapper, whose 1998 debut album ‘It’s Dark And Hell Is Hot’ entered the charts at Number One, is due to begin the sentence – which if he is of good behaviour could be reduced to nine to 11 days – at Erie County Correctional Facility, Alden, New York this afternoon.