08/24/07 — DWI case against trooper dismissed

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DWI case against trooper dismissed

By Lee Williams
Published in News on August 24, 2007 2:10 PM

The case of a former state trooper charged with DWI in September was dismissed this week because the investigating trooper failed to properly serve him with a warrant.

Darien Neal Smith, 32, of Goldsboro, was charged with driving under the influence of alcohol, after he lost control of his motorcycle on Hare Road at about 1:50 a.m. Sept. 11.

Trooper J.B. Smith of the Wayne County post responded to the scene and detected a hint of alcohol on Darien Smith. Darien Smith, who was off-duty at the time, allegedly admitted to drinking alcohol, according to court records.

His blood alcohol content registered at .10. The legal limit is .08.

Darien Smith, who was severely injured in the accident, remained on the force for several months after the accident. But on Dec. 4, Darien Smith resigned his post, said Lt. Everett Clendenin, highway patrol spokesman.

Darien Smith was assigned to the Highway Patrol post in Wilson County.

On Monday morning, Darien Smith walked into the courtroom with his attorney Jack O'Hale of Smithfield.

Wayne County District Court Judge Tim Finan presided over the case. Pitt County Assistant District Attorney Tonya Oliver represented the state.

Darien Smith was expected to sign a guilty plea, but stopped short after O'Hale made a motion to dismiss the case because he was not "personally served with the citation for DWI," according to Wayne County court records.

Trooper Smith, who joined the force in 2005, issued a citation for DWI, Clendenin said. However, the case could be renewed.

"It appears to be dismissed on a technical matter," Clendenin said. "Trooper Smith is going to meet with the DA about possibly recharging him."