PERRY POLICE REPORT/Castile man charged in traffic stop

PERRY, NY- Chief Michael J. Grover reports the arrest of a Castile resident on DWI charges following an
investigation by the Perry Police Department.
On April 4th, 2022, at approximately 7:40 p.m., Officer Spencer Kramell conducted a traffic stop on Washington Boulevard for multiple vehicle and traffic law violations.

Upon interacting with the suspect, 54-year-old Mark S. Smith of Castile, NY, Officer Kramell suspected Smith to be intoxicated. Officer Kramell requested Smith submit to standardized field sobriety tests, which he complied. Smith did not perform the tests as instructed and was subsequently arrested for DWI.

Smith was processed at the Perry Police Department where he did voluntarily submit to a chemical breath test to determine his blood alcohol content (BAC). The test revealed that Smith had a BAC of .13%. Per NYS Bail Reform Laws, Smith was released to a sober third party and is to appear in Perry Village Court on May 10, 2022, on the below charges.

CHARGES:
Vehicle and Traffic Law- 1225-C2A-Operating a motor vehicle on a mobile phone
Vehicle and Traffic Law- 1163-a-Unsafe turn without a signal
Vehicle and Traffic Law-1194(1)B-Refusal to take a roadside breath test
Vehicle and Traffic Law- 1192-3 DWI-Common Law
Vehicle and Traffic Law-1192-2 DWI BAC .08% of 1% or higher