Zaon Collins’ lawyers file to dismiss DUI charge, citing marijuana bill, footage of crash | Crime

LAS VEGAS (FOX5) — Attorneys for former UNLV basketball recruit Zaon Collins filed a movement to dismiss the DUI cost towards him, citing ongoing legislative actions on marijuana DUIs and the chance that Collins was not at fault within the crash.

Collins, 19, was arrested on a DUI cost after the crash on Dec. 30 close to Fort Apache Highway and Furnace Gulch Avenue. In accordance with an arrest report, Collins was touring 88 mph in a 35 mph zone on the time of the crash that killed Eric Echevarria, 52.

Collins was subsequently arrested on a DUI cost after he displayed indicators of marijuana intoxication, in accordance with an arrest report. Nevertheless, Clark County District Legal professional Steve Wolfson dismissed the DUI indictment towards Collins in District Courtroom.

Now, his attorneys filed a movement to dismiss the DUI cost in Justice Courtroom. The 43-page movement states that the crash might have truly been Echevarria’s fault primarily based on video proof.  Attorneys David Chesnoff and Richard Schonfeld mentioned the final 45 seconds of video of the crash exhibits Echevarria trying to show between two automobiles in shut proximity to one another.

“This video makes it clear that there was no room for Mr. Echevarria to show with out inflicting a collision,” the movement says. “Consequently, it was Mr. Echevarria that proximately induced the collision.”

The attorneys additionally state that one officer on the scene mentioned Collins’ displayed no indicators of impairment. One other officer did see indicators of impairment, however the attorneys mentioned Collins sustained a head damage which will have made him seem impaired.

Chesnoff and Schonfeld additionally state that Nevada’s DUI regulation is “unconstitutionally obscure” by way of marijuana DUIs and “fails rational foundation scrutiny.” The attorneys additionally cited upcoming laws to point out that the extent of THC in Collins’ system was too low to be thought-about beneath the affect.

The Nevada legislature is contemplating Assembly Bill 400 through the 2021 session, launched by Assemblyman Steve Yeager. The invoice modifications how marijuana DUIs are processed, as the present stage of punishable hashish might be from prior use.

“The way in which it really works now could be if you happen to’re over a sure stage for hashish, you are responsible, it doesn’t matter what,” Assemblyman Yeager mentioned throughout a current listening to. “It does not matter if you happen to consumed two weeks in the past. It does not matter if you’re a heavy medical person. You principally haven’t any means to defend your self the best way that the regulation operates now.”

AB 400 handed out of the Meeting on April 20. It could nonetheless want approval from the Senate and would have to be signed by Gov. Steve Sisolak to develop into regulation.

In a press release, attorneys confirmed that the movement to dismiss did coincide with the brand new laws.

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