WYOMING COUNTY SHERIFF’S REPORT/Perry man charged after almost striking a utility worker

On July 23, 2020, following a traffic stop on Route 19 in the Town of Covington, Arthur P. Smart, 48, of Perry, was arrested for driving while ability impaired by drugs.

Smart was stopped for failing to exercise due care while passing two National Grid utility vehicles that were working on the shoulder of the roadway of Route 19.

Smart is accused of almost striking a worker wearing a bright yellow safety vest. He was transported to the Wyoming County Sheriff’s Office where he submitted to a drug influence evaluation conducted by a NYS Certified Drug Recognition Expert.

Following the evaluation, Smart was determined to be impaired by two separate drugs and unable to operate a motor vehicle safely. Smart is charged with DWAI/drugs, DWAI/drugs combo, reckless driving, unlawful possession of marijuana 2nd Degree, failure to exercise due care to avoid collision with hazard vehicle, and unlawful stickers.

Smart was released following processing, issued appearance tickets for all charges and is scheduled to appear in the Town of Covington Court at a later date.

On August 5, 2020, at approximately 2:49a.m., a Deputy from the Wyoming County Sheriff’s Office conducted a traffic stop on Oatka Road in the Town of Perry for a violation of the NYS Vehicle and Traffic Law.

Upon approaching the vehicle, the female operator was unable to produce license and registration information, but identified herself as Linda L. McMurtry, 64, of Castile.

The Deputy immediately began to observe signs consistent with drug impairment and observed what appeared to be a controlled substance, along with drug paraphernalia, in plain view on the front passenger seat of the vehicle.

A roadside DWI investigation was conducted, which included the performance of field sobriety testing. As a result, McMurtry was arrested for DWAI/drugs.

McMurtry was additionally charged with criminal possession of a controlled substance 7th degree, criminal use of drug paraphernalia, and failure to stop at a stop sign.

McMurtry was released to a sober third party and is scheduled to return to the Town of Perry Court at a later date.

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