Video shows a mildly alert Danny Ray Smith before 2nd DUI arrest - ABC 33/40 - Birmingham News, Weather, Sports

Dash-cam video shows Danny Ray Smith mildly alert before 2nd DUI arrest

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Mugshots of Danny Ray Smith, who was arrested for DUI in 2012 and 2014. Mugshots of Danny Ray Smith, who was arrested for DUI in 2012 and 2014.

NORTHPORT, Ala. -- Police have released dash-cam video of a now-deceased Tuscaloosa businessman's second DUI arrest, which occurred last month while he was out on bond following an alleged drunken driving incident in 2012 that left a little girl dead.

The video shows 66-year-old Danny Ray Smith, who died from an unknown medical condition on Feb. 17 while in hospice care, undergoing field sobriety tests after being pulled over by Northport police on Jan. 15. Smith, who seemed mildly alert but somewhat puzzled shortly after exiting his vehicle, didn't appear to have any difficulty performing the tests, which included a horizontal gaze nystagmus test, a one-leg stand test and a walk-a-straight-line test.

Smith's attorney, Bob Prince, continues to maintain that his client was sick, not drunk, during both of the DUI incidents. Prince says the newly-released dash-cam video only validates his defense of Smith, who was indicted on charges of murder, manslaughter, vehicular homicide, first-degree assault and leaving the scene of an accident in connection with his 2012 DUI arrest.

In 2012, Smith was accused of driving while intoxicated when he hit 8-year-old Haylee Burks, her mother and her sister with his pickup truck following the Tuscaloosa Regional Air show on Mar. 31. Burks later died from her injuries sustained in the accident.

The Burks family attorney, John Owens, disagrees with Prince, saying Smith's alcohol content after the crash was 1.3, well over the legal limit (.08) in Alabama. Owens attributes alcohol as the main contributing factor in the accident that killed Haylee and injured her mom and sister.

 

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