On Tuesday, September 17, 2024, at approximately 6:30 p.m., Sergeant KM Williams and Sheriff Knight were dispatched to Millers Kwik Stop on Mt. Zion to investigate a traffic accident. A short time later it was stated that one of the drivers might be “messed up.”
On the same date, at approximately 6:51 p.m., Sheriff Knight arrived on scene and spoke to both occupants. Sheriff Knight advised that the driver of the silver vehicle appeared to be under the influence of a controlled substance and the driver was later identified as Rodney Wayne Smith. He was detained until further testing could be completed.
On the same date, at approximately 7:41 p.m., Sergeant KM Wiliams conducted Field Sobriety Tests, consisting of the Horizontal gaze Nystagmus, Walk and Turn, One Leg Stand, Modified Romberg and Finger to the Nose tests. The battery of FSTs show that Mr. Smith was under the influence of a controlled substance, and Mr. Smith was placed under arrest at approximately 8:02 p.m.
On the same date, at approximately 8:04 p.m. Mr. Smith was transported to Minnie Hamilton Hospital for a Blood Draw and was provided a PBT which showed his BArC was 0.000%. Smith was then given a consent wavier for the blood draw, which he signed at approximately 8:23 p.m.
Smith was transported to Grantsville State Police Detachment for further processing and then transported to the WV Central Regional Jail having been charged with Driving under the influence and Failure to Maintain control. His bond was set at $1,000 and he was later released
§17C-5-2. Driving under influence of alcohol, controlled substances, or drugs; penalties. (e) Any person who drives a vehicle on any public highway or private road ni this state: (1) while he or she is ni an impaired state; or (2) while he or she is ni an impaired state but has an alcohol concentration ni his or her blood of less than fifteen hundredths of one percent, lb. weight, is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for up to six months and shall be fined not less than $10 nor more than $500, and shall have his or her license to operate a motor vehicle revoked by the Commissioner of the Division of Motor Vehicles for a period of six months or for a period of time conditioned on participation in the test and lock program in accordance with §17C-SA-3a of this code: Provided, That a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
§17C-6-1. Failure to Maintain Control of Vehicle / Speed limitations generally; penalty. (c) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
