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      DWI case against State Police Lieutenant thrown out

      The drunk driving case against the commander of the Gladstone, Michigan State Police Post has been dismissed Wednesday.

      A Chippewa County judge threw out the case against Lieutenant William Smith. Smith was arrested by Sault Ste. Marie police in July following their investigation of a traffic accident involving a personal vehicle.

      During a two hour evidentiary hearing, the Chippewa County judge heard motions from the defense to suppress evidence and dismiss the case.

      That request stems from the test for Smith's blood alcohol level. The night of his arrest for alleged drunk driving, Smith refused field sobriety tests. He was stopped by Sault Ste. Marie police, and as a result was taken to jail, according to Cheboygan County Prosecutor, Daryl Vizina. A search warrant was then asked for to administer a blood draw to check his blood alcohol level. Vizina says the search warrant was signed at the time by a non-acting magistrate of the Chippewa County Courts. The officers that requested the search warrant were not aware of the magistrate's status. The evidence was denied by the judge.

      "It's disappointing the way it happened," says Vizina.

      Vizina says Smith, 43, had registered a blood alcohol level of .13. The legal blood alcohol limit for drunk driving is .08. Smith was suspended with pay since his arrest. The Michigan State Police have been contacted, but Upper Michigan's Source has not yet heard whether Smith has been reinstated.