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Former 49er Busted for a DUI

Posted by Lynn Gorelick | Apr 07, 2016 | 0 Comments

Troy Smith had a 4-year career with the National Football League, playing his final NFL games with the San Francisco 49ers. On October 27, 2010, he became the first black quarterback to start for San Francisco, in a victory over the Denver Broncos. Unfortunately, the football star most recently made headlines for his DUI arrest in his native Ohio.

Earlier this month, former Ohio State quarterback Troy Smith was pulled over by police officers in Westerville, Ohio. At around 2:30 a.m., police officers saw a vehicle without a front license plate reportedly swerving across the lanes. After stopping the car, officers suspected Smith had been drinking, which he denied. Smith also refused a preliminary alcohol screening test, citing the advice of his attorney.

Police then asked him to perform standardized field sobriety tests, despite Smith's claims that he had not been drinking. Dashcam video shows Smith attempting to perform the walk-and-turn test, horizontal gaze nystagmus, and one-leg-stand test. At one point, Smith says to officers that he graduated from Ohio State, stating, “this is the home of the Buckeyes and this is what y'all do.”

Police say Smith's chemical breath test showed he was over the legal limit at 0.143% blood alcohol concentration, according to the Intoxilyzer 5000. Smith was eventually arrested for operating a vehicle under the influence, possession of marijuana, and improper display of a license plate. He was booked and later released to his girlfriend, pending a hearing.

According to the arresting officer's report, “Smith said something that sounded like he said he was an officer. I asked him if he was a police officer, and he said ‘I'm great.' While talking to Smith I could smell an odor of an alcoholic beverage and burnt marijuana coming from inside his vehicle. Smith's eyes were glassy, and his speech was slurred.”

Smith was a star quarterback at Ohio State University, eventually taking the team to the BCS National Championship Game in 2007. Smith also won the 2006 Heisman Memorial Trophy, with one of the highest numbers of first place votes in college football history. Smith was recruited by the Baltimore Ravens, playing 3 seasons with the team before he was finally let go, and picked up for his final year with the 49ers.

Troy Smith is not the only former 49er to have been arrested for drinking and driving. Last year, former linebacker Aldon Smith was arrested for his third DUI, and was also charged with a hit-and-run in Santa Clara. Former offensive lineman Kwame Harris, who was the 49ers' first draft pick in 2003, was also arrested for driving under the influence of drugs and two hit-and-run collisions last year.

At the Gorelick Law Offices, attorney Lynn Gorelick has dedicated her legal career to defending people charged with DUI and other criminal charges in the East Bay. With more than 30 years of experience, Lynn Gorelick understands how a criminal conviction can affect your future, and how to fight to keep a conviction off your record. If you are facing criminal charges, contact the local East Bay criminal defense attorney who understands that you do not have to plead guilty just because you were arrested.

About the Author

Lynn Gorelick

Lynn Gorelick has been an attorney for over 36 years. She is the Attorney Lynn Gorelick is the Immediate Past President of the California DUI Lawyers Association and a Faculty and Sustaining member of the National College of DUI Defense. Lynn is a Specialist Member of the California DUI Lawyers Association and lectures frequently to other attorneys regarding DUI and DMV issues.


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