Crime & Safety
Man Reportedly Falls Asleep in Lakeville Drive-Thru Lane
Michael Marshall Simmons, 26, faces a felony driving-while-impaired charge and a gross misdemeanor charge as result of the April 25 incident.
A Farmington man with three drunken driving convictions since 2005 was arrested by Lakeville police April 25 after allegedly falling asleep while waiting for food in a restaurant drive-thru line.
Michael Marshall Simmons, 26, was charged with felony first-degree driving while impaired and gross misdemeanor driving with a cancelled license.
According to a Dakota County District Court complaint released Monday:
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Lakeville police received a call from the manager of a fast-food restaurant on Cedar Avenue at about 5:15 p.m. April 25. The manager reportedly said a man in the drive-thru lane fell asleep at the wheel of his car while waiting for his food. The man was awakened and told to pull ahead to wait for his order.
When officers arrived at the restaurant, they allegedly found the man—later identified as Simmons from his cancelled Minnesota driver’s license—slumped forward in the driver’s seat and asleep. Simmons did not respond to officers, so a passenger reportedly reached over to wake him up.
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Simmons allegedly told police he was not the driver of the car; rather, he was sitting in the driver’s seat only to learn the feel of a new vehicle. He nodded off several times during his conversation with police.
Police reported that Simmons’ speech was slurred and his eyes were bloodshot and watery, but there was no odor of alcohol. They did observe needle and track marks on Simmons’ arm.
Police did not perform field sobriety tests. They allegedly found a syringe that contained a clear substance inside the driver’s side of the vehicle.
Simmons reportedly agreed to have his blood drawn.
The complaint says Simmons was convicted of DWI in 2005, 2008 and 2010, and of felony fleeing in 2011. Those convictions permit authorities to charge Simmons with a felony in this case.
If convicted of the first degree driving-while-impaired charge, Simmons faces between three and seven years in jail and a fine of between $4,200 and $14,000.
The gross misdemeanor charge carries a penalty of up to one year in jail and a fine of between $1,000 and $3,000.
