6:00: Morning News

Maryland prosecutor dismisses first DUI charge against Simms

One of the two DUI charges against West Virginia receiver Marcus Simms has been dismissed.


MORGANTOWN, W.Va. — While West Virginia receiver Marcus Simms awaits his DUI hearing in Monongalia County, charges from a previous DUI arrest in Maryland were dismissed, court documents show.

Mountaineers coach Dana Holgorsen suspended Simms for the season opener against Virginia Tech after the sophomore receiver was pulled over in Morgantown on Aug. 13 and admitted to a sheriff’s deputy that he had smoked marijuana.

Simms, 19, also was charged with driving on a revoked license, stemming from his May arrest in Prince George’s County, Md., — a charge West Virginia’s coaches reportedly were not made aware of, sources said.

A second-offense DUI could have resulted in jail time or home confinement — along with heavier student conduct punishments from the university — but the dismissal of the Maryland case means Simms now faces only a first-offense DUI in Monongalia County.

Among the array of charges and fines dropped by a prosecutor in Simms’ home state were:

• Driving a vehicle while impaired by drugs;

• Driving while impaired by a controlled dangerous substance;

• Failure to drive on right half of roadway;

• Failure to obey properly placed traffic control device instructions;

• Negligent driving and endangerment.

Simms, a projected starter at outside receiver, is scheduled for a mid-October court date in Monongalia County on the latest charge.

A source familiar with the situation claimed Simms was unaware his license had been revoked at the time of the Morgantown arrest. He presented to the arresting deputy a document he believed to be a temporary license, meant to bridge the gap until his case went to court in Maryland.

While Simms passed the eye-tracking sobriety test — or “horizontal gaze nystagmus” in legalese — the deputy said he failed the one-leg stand. Simms did not undergo a blood chemical test.

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