According to scores of reports, the former Tampa celebrity was arrested for DUI in New York City, however not due to excessive use of alcohol, but rather smoking marijuana.
Most states in this country, including both Florida and New York, have DUI or DWI laws against operating a motor vehicle while being under the influence of any drugs or alcohol to the extent that their normal faculties are impaired.
In Florida, this simple definition is tested everyday as Florida residents, often under the care of a physician, operate motor vehicles while taking their prescribed medication. Like driving under the influence of medication, marijuana is judged similarly. The central legal issue will not simply be whether Mr. Simms was smoking pot before he got behind the wheel, but instead whether his alleged use of marijuana impaired his ability to operate a motor vehicle under New York law. Testimony about Mr. Simm’s driving pattern and demeanor at the scene will most definitely be part of the prosecution’s case. It has been reported that Mr. Simms also allegedly admitted to smoking marijuana to law enforcement.
On a personal note, I’ve never understood why anyone would drive a vehicle after drinking in New York City, as it is the easiest city in the United States to get a cab. Apparently for Chris, being the son of former N.Y. Giant’s Super Bowl Quarterback Phil Simms was not enough to escape the DUI charge.
For anyone arrested for DUI– not for drinking alcohol, but for prescription medicine or marijuana–this case will be worth watching. If you have been arrested for a Florida DUI and would like free consultation on your case, please call the DUI attorneys at Whittel & Melton at 866-608-5529 or contact us online.