UPDATE: Sherman council member arrested on DWI charge - KTEN.com - No One Gets You Closer

UPDATE: Sherman council member arrested on DWI charge

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SHERMAN, TX -- A Sherman city council member is responding to his most recent DWI arrest. 

Joe Smith sent KTEN this statement:

"I will allow the judicial process to take its course in this matter.

Also, I will not attend the regularly scheduled City Council meeting tonight. The meeting should focus upon Chief Otis Henry's induction as Police Chief of Sherman, Texas. Under the circumstances, I sincerely believe that my attendance will draw attention away from Chief Henry's extraordinary achievement of his life long goal. I do congratulate Chief Henry and wish him nothing but the best."

The 50-year-old has been a city council member in Sherman since 2006. His current term expires in November.

He represents residents who live in District 1.

Smith was arrested late Thursday evening and charged with driving while intoxicated and driving with an invalid license. He posted bond on Friday.

It's Smith's second DWI charge in less than a year. His first was in June.

Two D.W.I. convictions can mean a penalty of up to a year in jail and a $4,000 fine.

According to Sherman's city charter, "The mayor or a council member shall forfeit their office if, during the term of office, they have been given probation, deferred adjudication, or are convicted of a crime involving a felony or a crime involving dishonesty or deceit."

The charge of driving while intoxicated is considered a misdemeanor. It is considered a felony if a person is convicted of D.W.I. three times or more.

Sherman's city attorney says he doesn't believe the provision applies to Smith.

Still, constituents say they're left with questions.

"How do I know he's not drunk on the job, while he's on the job, making bad decisions for us?" David Tingle said.

Sherman Council Member Arrested On DWI Charge
Mar. 17, 2013

SHERMAN, TX -- A city council member bonded out of jail after he was arrested for the second time for alleged drunk driving.

Jail records show Joe Neal Smith, 50, was booked in on Friday around 4 a.m. on two charges after being arrested by a trooper. Bond was set at $1,500 for a charge of driving while intoxicated and $350 for a charge of driving with an invalid license.

No other details on the arrest were immediately available. Smith was also arrested for DWI last summer. The defense attorney was elected in 2006 and his current term is set to expire in November.