Attorney Bob Prince is representing Smith and says his client is remorseful and very sorry this accident happened, but he also says Smith isn't guilty of some of the charges he's facing and it's time for Smith's side of the story to be heard.
"The rumor mill is that he was blind drunk, but he was not," said Prince.
Smith was driving the truck that hit and killed Haylee Burks and injured her three-year-old sister and mom. Prince says Smith has a medical condition and he believes that caused the accident, not alcohol.
"You can have a low amount of alcohol in your system but the effects would be enhanced by things like a medical condition or medicines themselves," said Prince.
Prince wouldn't say which medicines Smith may have been taking that day, but he says that will likel play a big role in this case.
"The rumor that he was drunk is not true," said Prince, "There were witnesses who were with him that day out there at Dixie Air who say he was not under the influence of alcohol."
Prince isn't saying there was no alcohol involved. He admits Smith may have had a beer or two but says that didn't play a factor in the crash.
"You could sip a beverage and not be under the influence of alcohol, not be uncoordinated. That's not against the law to drink and drive it's only if you're under the influence," said Prince.
Smith will enter a not guilty plea at his arraignment. Prince says it's also common for police to file the most severe charges possible and then later those could be tossed out or downgraded. That's what Prince expects to happen in Smith's case.
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