LAS VEGAS (KLAS) — The state Supreme Court has denied a motion to dismiss a charge of driving under the influence of marijuana against a former UNLV basketball recruit involved in a fatal crash.

In January, lawyers for Zaon Collins, a highly recruited point guard from Bishop Gorman High School, asked the court to drop the DUI charge in a deadly crash from December 2020.

Las Vegas Metropolitan Police said Collins was driving nearly 90 mph in a 35 mph zone and was high on marijuana in the crash near South Fort Apache and Blue Diamond roads that killed Eric Echevarria, 52, of Las Vegas.

Justices Lidia Stiglich, James Hardesty and Douglas Herndon said in denying the petition by attorneys for Collins that “we are not persuaded that (the) petitioner has demonstrated that our discretionary extraordinary intervention is warranted as petitioner has a plain, speedy, and adequate remedy in the ordinary course of the law.”

Police said Collins had 3 nanograms of the active ingredient of marijuana in his blood at the time of the crash. Under Nevada law, anything above 2 nanograms is considered impaired.

A grand jury did not indict Collins on the DUI charge but did return an indictment on the felony reckless driving charge.

However, instead of dropping the DUI charge, the Clark County District Attorney’s office has decided to move ahead with both charges through a preliminary hearing.

Defense attorneys David Chesnoff and Richard Schonfeld filed their petition in January, arguing the state law on DUI marijuana was unconstitutional.

The Supreme Court released its ruling on Monday (Oct. 31), and Collins’ attorneys then petitioned the court to reconsider. However, that request was rejected Wednesday because it was filed incorrectly, according to court documents.

Collins’ attorneys had until Nov. 28 to refile the petition for reconsideration; an email to from Schonfeld showed the petition was refiled Thursday.

Collins is due back in Las Vegas Justice Court on Dec. 15.