Smith pleads not guilty to DWAI; his ...

Smith pleads not guilty to DWAI; his attorney questions stop and charge

There are 34 comments on the Ogdensburg Courier-Observer/Journal story from Aug 26, 2013, titled Smith pleads not guilty to DWAI; his attorney questions stop and charge. In it, Ogdensburg Courier-Observer/Journal reports that:

County Legislator Guy 'Tim' Smith, 71, pleaded not guilty to a driving while ability impaired count Monday in in Malone Town Court.

Join the discussion below, or Read more at Ogdensburg Courier-Observer/Journal.

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Really

New York, NY

#1 Aug 27, 2013
Did you expect him to plead guilty ? What do people expect, he's no different than anyone else that is GUILTY. The sad thing about the whole situation is that the sheriffs department will take the hit for removing an intoxicated operator from our highway. The good thing, no matter what happens, people no the TRUTH. Political bullshit makes me sick.
Annie

New York, NY

#2 Aug 27, 2013
Really wrote:
Did you expect him to plead guilty ? What do people expect, he's no different than anyone else that is GUILTY. The sad thing about the whole situation is that the sheriffs department will take the hit for removing an intoxicated operator from our highway. The good thing, no matter what happens, people no the TRUTH. Political bullshit makes me sick.
Did you read the article? He blew a .05, then a .055. Although close, the law requires a .06 to actually charge with DWAI. Why would he plead guilty?
me

Albany, NY

#3 Aug 27, 2013
What law are you referring too?
Obviously not the New York State Vehicle and Traffic law, which states DWAI/Alcohol: Driving While Ability Impaired (by alcohol); more than .05 BAC to .07 BAC, or other evidence of impairment.
what the

Yorkville, NY

#4 Aug 27, 2013
me wrote:
What law are you referring too?
Obviously not the New York State Vehicle and Traffic law, which states DWAI/Alcohol: Driving While Ability Impaired (by alcohol); more than .05 BAC to .07 BAC, or other evidence of impairment.
The law referred to is the one you just stated MORE that .05 is not .05. its MORE than .05 MORE THAN
Rational_1

Yorkville, NY

#5 Aug 27, 2013
I was actually in court yesterday on another matter and listened to his plea.

The .055 was a retest. His lawyer has a very good legal point - the first test was .050, there were no grounds for a retest, so he will probably end up getting the charges dismissed.

And what's with the uproar over him pleading Not Guilty? You'd have to be an idiot to plead Guilty to such a charge - at worst, any halfway decent lawyer should be able to get the charge reduced.

I'm all for getting drunks off the roads. But I'm not for railroading people.
justthinking

New York, NY

#6 Aug 27, 2013
"or other evidence of impairment" wasn't it reported that he was pulled over for weaving. what was the result of the field sobriety test? at this level, BAC becomes part of the case, not the entire case.
Xdrunk

New York, NY

#7 Aug 27, 2013
They used a roadside screening device commonly referred to as a alcohol-sensor. It's just a screening device not even admissible in court. That reading was 055. The breath test submitted by the police was 05. The law says impairment is 05 - 07 and intoxicated is 08. So was he or was he not impaired by the letter of the law ?
Wizard

New York, NY

#8 Aug 28, 2013
I love Guy Smith.

Since: Sep 08

Silver Spring, MD

#9 Aug 28, 2013
Xdrunk wrote:
They used a roadside screening device commonly referred to as a alcohol-sensor. It's just a screening device not even admissible in court. That reading was 055. The breath test submitted by the police was 05. The law says impairment is 05 - 07 and intoxicated is 08. So was he or was he not impaired by the letter of the law ?
I'm the Xdrunk. Who are you?
someone that cares

New York, NY

#10 Aug 28, 2013
well first of all if guy wasnt in the public eyes they would not care Guy is a nice man and dont desever this kind of treatment. I am against getting drunk off the road but what i know that a .05 is like having a half beer. I think he was having medical problem that cause him to swerve on the road. I hope he gets out ofit hes a wonderful man that would give his shirt off his back to help others
justthinking

New York, NY

#11 Aug 28, 2013
I have a question:

From the NYS DMV website:

"DWAI/Alcohol: Driving While Ability Impaired (by alcohol); more than .05 BAC to .07 BAC, or other evidence of impairment.DWAI is BAC of more than .05 to .07.

DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication."

What if your BAC is above .07 but below .08?
does it matter

Albany, NY

#12 Aug 29, 2013
Does it matter you can get a dwi in franklin county and as long as you know people who support the Higher ups you can get out from any charges ( seen it first hand )with somone who got 4 DUIS and there is not a spot of paper work or a record of it no more . Anuff said .
No Justice Here

New Kensington, PA

#13 Aug 30, 2013
One of the area's finest got a DWI at the fair. He recently got it reduced to a non-functioning light ticket. It's disgusting.

I generally support our DA, but letting drunk drivers off sets a bad precedent.
Mhmmm

Washington, DC

#14 Aug 30, 2013
Maybe sheriff's dept or someone in it was a little overzealous on getting this charge? I mean seriously would that surprise a lot of people.
Jay

New York, NY

#15 Sep 7, 2013
does it matter wrote:
Does it matter you can get a dwi in franklin county and as long as you know people who support the Higher ups you can get out from any charges ( seen it first hand )with somone who got 4 DUIS and there is not a spot of paper work or a record of it no more . Anuff said .
Name please
Jay

New York, NY

#16 Sep 7, 2013
Problem is on this site EVERYONE talks shit but nobody has names
Rocket

Troy, NY

#17 Sep 7, 2013
It is absolutely disgusting that we live in a county where the legislators hold a public safety meeting and attack the sheriff. The way the legislator acted was absolutely disgusting and an embarrassment to our county. Regardless of the outcome of smith's arrest, the legislators are completely out of line. This county is so backwoods and full of outlaws it is rediculous. The whole county legislator should be removed. As a taxpayer I am ashamed to be represented by them.
Blank

New York, NY

#18 Sep 7, 2013
It isn't like we don't know he drink, he does and many, many years of it. He was one of the good customer of the American Legion at the Fort. It wasn't soda he was drinking. He drove from the Ft. to his house mamy, many times. Lucky he wasn;t picked up or was in an accident before this after all these years.
'
I AGREE

Fort Lauderdale, FL

#19 Sep 20, 2013
Rocket wrote:
It is absolutely disgusting that we live in a county where the legislators hold a public safety meeting and attack the sheriff. The way the legislator acted was absolutely disgusting and an embarrassment to our county. Regardless of the outcome of smith's arrest, the legislators are completely out of line. This county is so backwoods and full of outlaws it is rediculous. The whole county legislator should be removed. As a taxpayer I am ashamed to be represented by them.
Yes, and they even threatened to try to can all of the deputies at this summit of rocket scientists.
How discouraging that legislator meeting time isn't used to try to solve the numerous issues facing the county instead of personal issues.
This meeting reflects an overwhelming lack of intelligence and professionalism , but on the positive side it gave the public an idea of the mentality of our governing body.
This group needs to be voted out before we sink deeper into the sand.
BigMary

Framingham, MA

#20 Sep 20, 2013
Its time to vote the fools out of office. They abuse power and think they are above any of the powers they put in place. Sounds like Nance Reich is behind them all!

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