Former trooper will get another day in court on DWI charge
By News-Argus Staff
Published in News on September 5, 2007 1:48 PM
Former State Trooper Darien Smith will get a new day in court.
Smith, 32, appeared in court to answer a drunken driving charge on Aug. 20, but the case was dismissed because he was not personally served beforehand.
Pitt County Assistant District Attorney Tonya Oliver said she sent an e-mail to Trooper J.B. Smith to re-try the Wayne County case. Ms. Oliver was assigned to the case after Wayne County District Attorney Branny Vickory recused himself .
Smith's attorney Jack O'Hale asked Wayne County District Court Judge Tim Finan to dismiss the case, based on the fact that Smith had not been served with the proper paperwork.
"I didn't anticipate the argument," Ms. Oliver said when reached at her Greenville office. "It's not like I haven't heard that argument. I just haven't heard it that often."
Smith was charged with drunken driving after he lost control of his motorcycle on Hare Road on Sept. 11.
His blood alcohol content registered at .10.
Smith remained on the patrol force nearly three months, but resigned on Dec. 4.
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