MALONE - Driving while ability impared charges against Franklin County Legislator Tim Smith,were dismissed Tuesday following a plea agreement with a special prosecutor.
According to a letter written by the special prosecutor and read in part at Malone Town Court by Justice Michael Lamitie, charges were dismissed in the interest of justice for lack of sufficient evidence.
The Fort Covington Democrat did plead guilty to a charge of failure to obey a traffic-control device, which carries a two-point penalty on a drivers license. The charge was reduced from the original violation of failure to remain left of a pavement marker, a three-point violation.
He paid a fine of $150 and surcharge of $93 to Malone Town Court immediately following his hearing.
Mr. Smith refused to comment, saying heres my attorney and gesturing to attorney Kevin Nichols beside him.
Its clear that my client didnt violate DWAI law, Mr. Nichols said as Mr. Smith exited the courthouse. He was wrongfully arrested for DWAI.
Clinton County District Attorney Andrew Wylies office was the special prosecutor in this case.
The case began when Mr. Smith was pulled over Aug. 15 by Franklin County Sheriffs Department Deputy Luke Cromp for alleged erratic driving behavior. The sheriffs department reported Mr. Smith blew a 0.055 on the roadside breathalyzer and a 0.050 once he was brought to State Police barracks an hour later. State troopers assisted with roadside breathalyzer and field sobriety tests.