JANIE SMITH TO BE CHARGED WITH DUI 1ST

April 14, 2011
Contact: [email protected]

(Anderson, SC). At approximately 3:00AM, Sunday morning, January 23, 2011, 23 year-old Janie Smith was driving a Toyota SUV on Salem Church Road when she struck two teenage girls. The 16 year-old victim died instantly at the scene and the 17 year-old victim suffered a broken arm. Based on the accident reconstruction of the SCHP Multi-Disciplinary Accident Investigation Team (MAIT), the victims, who were wearing dark clothing, were walking in the middle of the northeast bound lane when they were struck. While there is evidence that Janie Smith was drinking at the time of the collision, the law mandates that an additional violation or neglect of an additional duty, such as the duty to exercise due care, occur, in order to prosecute Smith for Felony DUI. As a result of MAIT’s investigation, the State cannot prove such violation or neglect of duty occurred. As a result of MAIT’s investigation, the collision cannot legally be attributed to Smith’s alcohol consumption. In other words, this collision would have most likely occurred even if the driver had been sober. Therefore, as a result of MAIT’s investigation, the charge against Janie Smith is being reduced to DUI 1st. 

Both underage victims were drinking at the time that they were struck. “This Office will not tolerate those who knowingly give alcohol to minors in violation of the law. I have requested SLED investigate the source of the alcohol. This terrible tragedy could have been avoided. I hope this senseless loss of life serves as a reminder of the horrific consequences of drinking at any age, whether behind the wheel of a car or walking in the middle of the road. My heart goes out to the victims and their families,” said Solicitor Chrissy Adams.