Press-Republican

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September 14, 2013

Video shows Smith's DWAI arrest

Franklin County legislator charged by Sheriff's deputy

MALONE — The identity of the man that a Franklin County deputy stopped last month for alleged erratic driving is not mentioned until 19 minutes into a video of the incident.

“Guy Smith. Legislator Smith up at the courthouse,” is the driver’s reply to a question posed by State Police Trooper James Gwinn.

Gwinn was assisting Deputy Luke Cromp at a traffic stop about 6 p.m. Thursday, Aug. 15, near the Westville/Malone town line.

It ended in Franklin County Legislator Guy “Tim” Smith’s arrest on charges of driving while ability was impaired by alcohol and failure to stay in his driving lane.

Smith, 71, of Fort Covington, pleaded not guilty to the charges in Malone Town Court and is due back there at 9:30 a.m. Oct. 1.

TWO-HOUR VIDEO

Sheriff’s Department cars are not equipped with dashboard cameras, but Cromp, wearing a pair of glasses specially equipped with a camera, recorded two hours of video footage during the stop.

On Thursday, the Press-Republican viewed the video.

The footage begins as Cromp leaves his vehicle to speak with Smith, who is standing next to his car in his sister’s driveway on Robinson Circle in Malone.

One minute into the recording, the deputy asks Smith if he is willing to take a sobriety test.

“I don’t especially care to, no,” he says, but he does submit.

SOBRIETY TEST

First, Smith is asked to follow a pen with his eyes as it is repeatedly passed before his face, to take the heel-to-toe walking test and to stand on one leg and count while holding the other leg off the ground.

Cromp then tries more than 10 times to instruct Smith on how to correctly blow into the straw of the hand-held alcohol sensor. He changes straws and tries two more times before he stops, tells Smith to stay in his car and calls the State Police for backup 11 minutes into the video.

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