By Larry O'Dell, The Associated Press
"I understand about your knees and everything," the officer said, adding that Smith didn't have to submit to the tests if he didn't want to.
The former Virginia Tech standout took the tests anyway, but continued to tell Womble about his bad knees.
"I know who you are. I know what you did in your career," Womble told Smith.
Smith also had trouble following Womble's hand movements with both eyes, but Cardon said that could have been caused by his client's multiple concussions or the glare of lights from traffic in the opposite lanes of the interstate.
Cardon also noted that while Womble reported a strong smell of alcohol, the officer testified that Smith's speech was not slurred and that he was cooperative. Cardon said there was insufficient evidence to convict.
But prosecutor Kristin L. Paulding said Smith's problems with the sobriety tests were not just physical -- he also had trouble following instructions. For example, Smith was told to walk nine steps and turn around, but he walked 14 and had to be told to stop.
She also noted that Smith was driving on a shoulder that was clearly marked as closed to traffic and was clocked at 73 mph in a 55 mph zone before he was pulled over. Smith told Womble he and two others had consumed a bottle and a half of wine at dinner.
The judge said there was enough evidence that Smith was impaired.
"Mr. Smith was obviously very cooperative, but he couldn't follow instructions," McCrimmon said.
Smith has had two previous DUI arrests. A 1997 conviction was later dismissed, and he was acquitted in another case in 2003. Smith's injuries were also raised as a defense in the 1997 case.
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