Former Mississippi State University quarterback Dak Prescott will go to trial next week for a driving under the influence charge after Starkville Municipal Court Judge Rodney Faver denied a motion to dismiss the case on Wednesday.
Prescott, who was absent from Wednesday’s proceedings because of a flight delay, was charged with speeding in March after he was pulled over for driving 41 mph in a 25 mph zone on University Drive.
He was also charged with DUI first — a misdemeanor — after admitting to drinking at least one beer that night, but court documents show two Intoxilyzer 8000 tests performed at Starkville Police Department failed to measure his breath alcohol level.
The first test resulted in an invalid sample, and the second test produced an “insufficient sample,” according to the documents.
A uniform traffic ticket issued to Prescott was marked with an abbreviation for “refusal” where alcohol testing results would normally be written.
It is unknown if the Intoxilyzer 8000 malfunctioned during testing, if Prescott did not fully comply with instructions or if he definitively refused further testing.
Prescott’s attorney, Jay Perry, argued Prescott should have never been stopped for speeding, as Officer Donte’ Thomas was not certified to run radar at the time.
Thomas testified he only received certification to utilize the equipment after the traffic stop — his qualification occurred so recently that he has yet to receive a physical certificate — and that he tested and calibrated his radar equipment before beginning patrol that night but not after the stop.
Since the traffic stop was improper, Perry argued, the DUI charge should have never occurred.
Prosecutor Caroline Moore, however, argued Thomas, in good faith, believed Prescott was speeding, and the totality of the circumstances surrounding the incident should allow the prosecution to proceed with the trial.
Thomas, a 24-year-old officer with about a year of experience with SPD, testified entered the Cotton District for patrol “about closing time of the bars” on March 12 and observed Prescott, at about 12:30 a.m., driving too fast toward him on University Drive.
Thomas also testified he could not determine if Prescott was drunk at the time of the traffic stop. Prescott, he said, did not slur his words, have bloodshot eyes or display issues with his motor skills. No alcohol was found in the football player’s Escalade, he testified, and neither Prescott nor his vehicle smelled of booze at the time of the stop.
Thomas, however, testified that, by his logic, Prescott was under the influence since he had admitted to consuming alcohol.
“Can you cite the code where having one beer is illegal?” Perry asked Thomas in his examination. “If I were at dinner and had one sip of wine — literally one sip — am I under the influence?”
“Yes, you have consumed alcohol,” Thomas replied in his testimony.
Prescott’s passenger, Thomas testified, was wearing a wrist band and holding a plastic cup during the stop, both of which appeared to come from a bar. Prescott, Thomas testified, said he was leaving the Cotton District after picking up his friend.
It is not known if or how Prescott’s DUI charge affected his stock in this year’s NFL draft. The former Bulldog was chosen as the 135th overall pick in April’s draft. He was the eighth quarterback taken.
Prescott broke 38 school records while at MSU and passed for 9,376 yards and 70 touchdowns. He rushed for 2,521 yards and 41 touchdowns.
Following his arrest, Prescott released a statement in which he took “complete responsibility for (his) actions.”
“I’m very remorseful for my misjudgment. I want to apologize to my true supporters, my family, Mississippi State University, the NFL and the kids who look up to me,” his March statement read. “I won’t ask for forgiveness; however, I’ll show the true man I am and exhibit my character through my actions and behavior moving forward.”
Municipal court is scheduled to begin 2 p.m. Wednesday. Trials are typically held later in session toward the end of the call docket.
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