Chris Simms Marijuana Trial
Tennessee Titans backup quarterback Chris Simms has pleaded not guilty to driving while under the influence of illicit drugs, in this case marijuana. On Tuesday, in a lower Manhattan court room, a police officer told jurors that on July 1, 2010, at around 1:00 a.m., Simms made a "tire-squealing “turn" just before a police sobriety checkpoint in lower Manhattan. The officer further informed the jury that there was a strong odor of marijuana coming from Simms' Mercedes-Benz SUV, and when approached, Simms began to slur his words, walk unsteadily, and said there wasn't any marijuana left because "he smoked it all." An alcohol breath test came back negative, and Simms declined a urine test that could have shown drug use. Charles Granatell, a passenger in Simms' SUV, and a friend of roughly 12 years, testified that he was entirely responsible for the odor of marijuana that prompted Simms arrest. He also testified that he'd never seen Simms smoking marijuana in the time he knew him. However, at no point prior to testifying, did Granatell tell police that he and not Simms was the one smoking marijuana.Simms could face up to a year in jail if convicted of the misdemeanor. In January 2011, Simms turned down the prosecutor's offer to avoid any jail time by pleading guilty to driving while impaired, a non-criminal violation. His punishment would have included a $500 fine and five days of community service. In addition to any legal consequences stemming from this incident, Simms could also be subject to a suspension under the NFL Rules regarding off field conduct, however, due to the current state of the lockout, it is unknown what the suspension would be or whether any of the leagues policies regarding off field conduct will be changed with any new labor agreement.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.