DUI Case Dismissed Against Gaffney Councilman Bernard Smith - WSPA.com

DUI Case Dismissed Against Gaffney Councilman Bernard Smith

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Councilman Bernard Smith's Attorney asked the court to dismiss the charge on two grounds related to a videotape of Smith's roadside field sobriety test. Councilman Bernard Smith's Attorney asked the court to dismiss the charge on two grounds related to a videotape of Smith's roadside field sobriety test.
GAFFNEY, S.C. -

A DUI case has been dismissed against a longtime City of Gaffney councilman.

An out-of-town magistrate dismissed the driving under the influence of alcohol charge shortly before a jury trial was scheduled to begin Thursday.

Councilman Bernard Smith's Attorney asked the court to dismiss the charge on two grounds related to a videotape of Smith's roadside field sobriety test.

Smith was stopped by a state trooper on January 30 on East Junior High Road.

Smith's attorney, Trent Pruett, argued lighting conditions were poor and you could not see Smith's head and eye movements, on which the test is based.

But Assistant Solicitor John Shiflet of York County argued, if the court held that the videotapes had to show the driver's eyes, practically every DUI case based on that particular test would be dismissed.

Prosecutors have a right to appeal the judge's decision.

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