O’Reilly said Smith and his wife are the parents of five children under the age of 12.
Lauranzano rejected both requests. While he agreed with the prosecution’s request for a guilty finding, he imposed two years of supervised probation on all three charges, which leaves Smith exposed to the maximum penalty on all three charges if he violates that probation.
He also ordered that Smith not drive for the first six months of the probation; his lawyer noted that Smith will, under the state’s drunken-driving law, lose his license for a year.
Smith will also be required to undergo random tests to determine whether he is using alcohol.