James L. Smith

Age: 32

Arrested: Feb. 12 at 3:16 a.m.

Charge: Operating a vehicle while intoxicated endangering a person (class a misdemeanor); operating vehicle with alcohol concentration equivalent to .15 or more (class a misdemeanor); leaving the scene of an accident driver fails to immediately stop at the scene (class b misdemeanor)

Address: 931 Joan Avenue, Evansville

Attorney: Scott Danks, retained

Status of Case:

  • Feb. 14 (initial hearing): Defendant’s license suspended 180 days based on the finding of probable cause. Deft. Enters a P/G to count I. Pursuant to plea negotiations, counts II and III will be dismissed upon sentencing in count I. Order granting petition for specialized driving permit to include to, from and during the course of employment, school and DADS requirement.
  • March 15 (sentencing hearing): Pleaded guilty to count I and counts II & III dismissed. Term 1 year at Vanderburgh County Jail. Sentence suspended to probation. Defendant to attend two AA meetings per week and have random drug/alcohol testing. Case closed. 

DUI History:

November 2006: OMVWI .08/under.15 (class c misdemeanor), license suspended 180 days based on probable cause. Files guilty plea. Court defers entry of judgment of conviction and sentencing- defendant referred to DADS – case to be dismissed upon completion of the DADS program. Defendant requests (December 2006) probationary driver’s license. Motion granted for to and from work, counseling and medical emergencies. November 2007, defendant completed DADS requirement, cause to be dismissed on the condition remain free of arrest from any drug or alcohol related offense. Case dismissed.


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