NORFOLK, Va. (WAVY) — 41-year-old Daryl Simmons Jr. was sentenced after pleading guilty, on Nov. 7, to his third driving under the influence and driving on a suspended license after speeding on a moped through Norfolk State University campus, a release states.

On June 10, Simmons was going 57 mph in a 25-mph zone on a moped on Park Avenue when he passed an NSU Police officer conducting radar speed checks.

The officer pulled Simmons over and noticed he was visibly drunk. Simmons admitted to drinking but downplayed the amount, also claiming to have diabetes. Simmons failed the sobriety tests.

The officer arrested Simmons, and a breath sample showed a blood-alcohol concentration of 0.14 — well above the legal limit of .08.

This was Simmons’ third DUI in the last 10 years, and his driver’s license was still revoked from his previous convictions. The officer charged Simmons with felony third-offense DUI and misdemeanor driving on a revoked license, reckless driving, and being improperly licensed to drive a motorcycle.

A moped is considered a motorcycle if it exceeds 35 mph.

Simmons agreed to plead guilty in Circuit Court to the first two charges in exchange for the Commonwealth dismissing the other two.

On Thursday, Simmons accepted an agreement to plead guilty to felony third-offense DUI and misdemeanor driving on a revoked license and serve nine months in jail, with another one year and nine months in custody suspended. Judge Mary Jane Hall accepted Simmons’ plea agreement and sentenced him per the agreement.

“While a moped is not a car, it is still a motor vehicle under Virginia law, and one traveling at 57 miles per hour could easily injure or kill a pedestrian or bicyclist,” said Commonwealth’s Attorney Ramin Fatehi. “Mr. Simmons should not have been operating a moped at all, let alone while drunk. He knew better, and he will now serve a sentence that reflect how dangerously he was acting.”