Knoxville TN April 25 2012 A state Court of Criminal Appeals judge from Nashville was arrested Monday night in Knoxville and charged with driving under the influence.
Judge Jerry L. Smith was on Cumberland Avenue in Knoxville shortly before midnight when a Knoxville police seargent spotted his car with its rear hatch open, court records show.
A piece of luggage was on the verge of falling out of the 2010 silver Subaru Forester and the officer made a traffic stop, court records show.
The driver had a strong odor of alcohol, slurred speech and was unable to perform standard field sobriety tests. He refused a blood alcohol test, according to court records.
Smith, 58, faces driving under the influence and implied consent violation charges, Knoxville police said. He was released on his own recognizance.
The judge did not immediately return a message today left at his office. There was no phone listing for his home address.
Smith has been on the Court of Criminal Appeals since 1995. Prior to that, he served as a deputy attorney general from 1989 to 1995 and an assistant attorney general from 1982 to 1989, according to his biography posted on the state Administrative Office of the Courts website.