MALONE - A Franklin County legislator was pulled over by a sheriffs deputy last week and charged with driving while ability impaired.
Legislator Guy Tim Smith, D-Fort Covington, 71, who represents legislative District 1 and serves as the Democratic majority leader, was charged with DWAI, a violation, at approximately 6 p.m. Thursday.
Franklin County Undersheriff Patrick White said Monday that Deputy Luke Cromp was northbound on state Route 37 just four or five miles outside the village of Malone.
He happened to come behind Mr. Smith, Undersheriff White said.
Deputy Cromp, who Undersheriff White said has full police powers and can arrest individuals, noticed Smith was driving erratically, allegedly witnessing Smiths vehicle cross over the center line.
Upon pulling Smith over, Cromp was assisted by New York State Police.
They did a field sobriety test, Undersheriff White said.
Troopers assisted with the test since the sheriffs department did not have a blood alcohol content device.
Smith reportedly had a blood alcohol content of 0.05 percent.
He was also ticketed for failure to stay in the proper lane.
Smith is running unopposed for his seat on the legislature this fall. He has served on the board for more than a decade and was once its chairman.
Smith did not return a call for comment on Monday.