A&M footballer Ainias Smith’s lawyer said on Friday his client was innocent of the charges that got him arrested on Wednesday morning.
Smith was charged with impaired driving, possession of less than 2 oz. of marijuana and illegal carrying of a weapon, according to police records. They all have misdemeanor charges.
“I have reviewed the police reports in the case,” College Station attorney Craig Greening told Mark Berman of Houston Fox26 on Friday. “I am certified in Criminal Law and designated as a Certified Lawyer/Scientist by the American Chemical Society; I did CFA for years. I pursued them and I defended them. I reviewed the reports in this case and it was clear that Mr. Smith was not intoxicated.
A new law passed in 2021 allows people under 21 to have a gun in your car as long as you don’t commit another felony greater than a Class C misdemeanor or traffic ticket, Greening said.
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“Now that we have the passenger’s statements indicating that the marijuana was his and that Mr. Smith did not know it, never possessed it and never smoked marijuana that day, there is no had no crime committed by Mr. Smith from what I’ve reviewed and all reports I have been able to see thus far.”
Smith was stopped by University Police while driving at 51 mph in a 35 mph zone on University Drive. He was drifting in his lane, according to the statement of probable cause. After failing several physical intoxication tests, Smith was arrested and consented to a breath test, which came back with blood alcohol readings of 0.066 and 0.061. The legal limit in the state of Texas is 0.08.
A police officer searched Smith’s vehicle during the test and found a joint containing marijuana that weighed 0.029 oz. with a handgun in the center console with a full magazine and a round cartridge.
The passenger in Smith’s vehicle was released at the scene. Smith and the passenger both denied possessing the marijuana or the firearm, according to the probable cause statement.
Smith was released from the Brazos County Jail Wednesday morning on $8,000 bond.
It is illegal in Texas to carry a firearm in a motor vehicle while engaging in any criminal activity other than a Class C misdemeanor. A first offense of DWI with a blood alcohol reading below 0.15 is a Class B misdemeanor with a maximum fine of $2,000 and a possible maximum of 180 days in jail. Possession of marijuana up to 2 oz. is also a class B misdemeanor, with the same maximum penalty. Carrying a weapon illegally is a Class A misdemeanor with a maximum of one year in prison and a $4,000 fine.
The Eagle made several attempts to contact Greening.
Smith has been suspended from the team indefinitely. The senior wide receiver who led the team in receptions last season was among three players slated to represent the Aggies at Southeastern Conference Media Days in Atlanta on Thursday.
“We will wait for the facts to come out, and we have no further comment at this time,” Fisher said Thursday.
Smith was a third pick for the Media Days preseason football team that was announced on Friday. He also earned Second-Team honors for Returning Specialist and Third-Team honors for All-Round Player.