A 26-year-old Farmington man faces his fourth DWI after officers found him apparently sleeping behind the wheel at a Lakeville fast food restaurant.
Michael Marshall Simmons has four qualified alcohol-related license revocations in the past 10 years including three DWI convictions since 2005 and a felony fleeing law enforcement conviction from 2011.
The criminal complaint details the following events: Officers were called to the restaurant after a manager saw someone who appeared to be intoxicated fall asleep at the wheel at the drive-through window. The manager asked the car to pull ahead and wait. When officers arrived, they allegedly found Simmons asleep, and a passenger had to wake him up. Simmons was unable to stay fully awake during the conversation.
Officers noticed needle and track marks on Simmons’ arm. Officers found a syringe in the door with a clear substance. Simmons failed the sobriety test and took a blood test.
The felony DWI charge holds a maximum sentence of 7 years and $14,000. A gross misdemeanor charge for driving after cancelled inimical to public safety could carry up to a year and $3,000 fine.
Simmons is also facing felony charges for a fifth-degree controlled substance crime after the Dakota County Drug Task Force executed a Dec. 27, 2012, search at his residence that turned up almost 95 grams of marijuana. He faces up to 10 years and a $20,000 fine for this charge.
Simmons’ court date is tentatively set for the end of June.