King County prosecutors on Thursday announced they will not file charges against Seahawks quarterback Geno Smith in connection with an arrest on suspicion of DUI in January 2022.
A statement from the Prosecuting Attorney’s Office said Smith’s blood alcohol level was .038, less than half the limit where a driver can be determined to be legally impaired. The level of THC in his blood was just over half of the level at which prosecutors can prove DUI, the statement said.
As such, prosecutors said they don’t “believe we can prove DUI or reckless driving beyond a reasonable doubt.”
Smith was arrested Jan. 10, 2022, on the morning after the Seahawks’ final game of that season at Arizona.
A report following the arrest stated Smith was driving a 2017 two-door Rolls-Royce at approximately 2 a.m. on eastbound Interstate 90 near Mercer Way when an officer observed Smith “approaching me from the rear at a high rate of speed,” assessed to be 96 mph in a 60-mph zone. The report stated, “The vehicle passed me at a high rate of speed.”
The January 2022 report stated that based on Smith’s speed, lane travel, failure to recognize the emergency lights and the officer’s own observations, Smith was arrested on suspicion of DUI. The report stated Smith became further agitated as he was taken to the Bellevue district office of the State Patrol after being handcuffed to be processed for DUI. He was transported to Overlake Medical Center for a blood test.
A statement from the county Thursday stated further:
“In considering the filing of charges, prosecutors must consider any reasonably foreseeable defense to be raised. From the investigation material, prosecutors do not have evidence to rebut likely explanations for his bad driving. While we can show that Mr. Smith consumed alcohol and marijuana and that in general those two substances have a compounding effect, we do not have any evidence to show exactly what effect they had on Mr. Smith, and a reasonable doubt exists as to whether his ability to drive was affected by alcohol or marijuana.
“It is not probable that a jury would find beyond a reasonable doubt that Mr. Smith was driving under the influence, and therefore prosecutors must decline to file a DUI charge.
“… For reckless driving, there is evidence that he was driving fast and briefly traveling out of his lane, there is no evidence to prove beyond a reasonable doubt that he was disregarding safety of people or property on the road.
“While some statements made by Mr. Smith during the incident have been described in case materials as insulting or threatening, the State Patrol referral was specifically for DUI and no other alleged crimes.
“The evidence is not of such convincing force as to make it probable that jurors would be unanimously satisfied beyond a reasonable doubt that Mr. Smith was driving under the influence or recklessly during after hearing all the admissible evidence and the most plausible defense that could be raised.”
The statement concluded that: “The evidence is not of such convincing force as to make it probable that jurors would be unanimously satisfied beyond a reasonable doubt that Mr. Smith was driving under the influence or recklessly during after hearing all the admissible evidence and the most plausible defense that could be raised. No other cases involving Mr. Smith have been referred to the King County Prosecuting Attorney’s Office.”
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