Nicholas Leshawn Simmons was booked on Friday September 1st, 2017 by Tamarac Police Department and was booked into the Broward County Jail system in or around Fort Lauderdale, FL.

The male, with a recorded date of birth of 10/10/1991 was arrested for suspicion of the below crimes:

1. 316.192-2a-RECKLESS DRIVING 1ST OFF
2. 322.34-5-DRIVE WHILE LIC SUSP HABITUAL
3. VOP-MISD-VIOL OF PROB - MISD
4. VOP-MISD-VIOL OF PROB - MISD
5. 316.183(1)-TOO FAST FOR CONDITIONS
6. 316.1936(2)(B)-OPN CONTNR ON IN/STOP/PRK VEH

Bail has been set to $750 for Simmons which is listed as a 5 foot 9 inch black male weighing approximately 160 pounds.

Nicholas Leshawn Simmons was arrested in Broward County Florida and Nicholas Leshawn Simmons has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.

This information is made available by the local sheriff’s office in Broward County Florida. For more regarding the Broward County Sheriffs department you can visit their website. They can also be contact them at their about us page.

Nicholas Leshawn Simmons is presumed innocent until proven guilty.

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Below are the Florida laws which may relate to this arrest:

Reckless driving.

(1)(a)Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b)Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.

(2)Except as provided in subsection (3), any person convicted of reckless driving shall be punished:

(a)Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.

(b)On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.

(3)Any person:

(a)Who is in violation of subsection (1);

(b)Who operates a vehicle; and

(c)Who, by reason of such operation, causes:

1.Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2.Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term serious bodily injury means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(4)Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.

(5)In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the persons driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.

Unlawful speed.

(1)No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(2)On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour.

(3)A school bus may not exceed the posted speed limits at any time.

(4)The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at an appropriately reduced speed when:

(a)Approaching and crossing an intersection or railway grade crossing;

(b)Approaching and going around a curve;

(c)Approaching a hill crest;

(d)Traveling upon any narrow or winding roadway; and

(e)Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(5)No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.

(6)No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area.

(7)A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.

(1)As used in this section, the term:

(a)Open container means any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken.

(b)Road means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith.

(2)(a)It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state.

(b)It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section. Notwithstanding the prohibition contained in this section, passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt.

(3)An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle.

(4)An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger.

(5)This section shall not apply to:

(a)A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322;

(b)A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322; or

(c)A passenger of a self-contained motor home which is in excess of 21 feet in length.

(6)Any operator of a vehicle who violates this section is guilty of a noncriminal moving traffic violation, punishable as provided in chapter 318. A passenger of a vehicle who violates this section is guilty of a nonmoving traffic violation, punishable as provided in chapter 318.

(7)A county or municipality may adopt an ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this section.

(8)Nothing in this section prohibits the enforcement of s. 316.302.

(9)A bottle of wine that has been resealed and is transported pursuant to s. 564.09 is not an open container under the provisions of this section.