Lawyers for Zaon Collins ask Nevada Supreme Court to dismiss charges in DUI case
LAS VEGAS (KSNV) — Attorneys representing the former basketball recruit charged with DUI in a deadly crash from 2020 are asking the Nevada Supreme Court to dismiss the case.
A motion to dismiss filed Tuesday argues the state's DUI laws related to THC levels are unconstitutional and fail when under scrutiny.
The laws setting the legal limit for THC levels "are not scientifically based and are not indicative of impairment," attorneys David Chesnoff and Richard Schonfeld claim in their motion.
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They say that because THC levels are unreliable and because the state treats misdemeanors differently from felonies, the DUI laws related to cannabis intoxication violate due process and equal protection.
They previously filed to dismiss the charges in Las Vegas Justice Court and Clark County District Court, but in both cases, their petitions were denied.
Collins was arrested after his 2016 Dodge Challenger crashed into a 2016 Hyundai Accent as the latter made a left turn in the southwest valley on Dec. 30, 2020.
Eric Echevarria, the driver of the Hyundai, died from his injuries.
An arrest report from Las Vegas Metropolitan Police stated that Collins was driving nearly 90 miles per hour in a 35 mph zone just before the crash.
Police alleged they found a leafy green substance in his car and that he showed signs of intoxication from cannabis. A blood test later found that Collins had 3.0 nanograms per milliliter of THC in his blood, when the legal limit at the time was 2.0 nanograms, according to the allegations.
A grand jury indicted Collins on a charge of reckless driving but declined to indict him for DUI resulting in death.
The Clark County District Attorney's office said it would pursue the case via preliminary hearing, in which a judge hears the prosecution's evidence and decides if it's sufficient for establishing probable cause and proceeding to trial.
Collins is also facing a wrongful death lawsuit filed by Echevarria's widow.
A highly-regarded basketball prospect from Bishop Gorman, Collins had committed to attend UNLV. Following the crash, then-UNLV head coach T.J. Otzelberger said Collins would not join the program after a mutual decision was reached with his family.
