Looking into Sen. Virgil Smith's history, will Worthy seek outside counsel?

State Senator Virgil Smith remains in police custody after he allegedly fired multiple shots at his girlfriend -- who is also his ex-wife. She wasn't hurt but this isn't the Senator's first run-in with the law.

FOX 2's M.L. Elrick did some digging into Smith's past and found that he's been running into issues with the law since he first got his driver's license. 

His record shows he's had a few traffic tickets, which most people have. However, Smith was stopped in college and accused of trying to steal a philosophy book and also for trying to pocket a bottle of tequila. 

The biggest issue, however, appears to be his drunken driving arrests. In 2010, he was stopped for the third time on suspicion of DUI, but he was never charged. Why not? It appears it was a problem with police procedure.

When he was stopped, he had a BAC of .15, almost twice the legal limit. He was tested again at the station and registered significantly lower, at .07. 

Smith is the son of Virgil Smith Jr. who is a sitting judge in the Wayne County Family Juvenile Court and served more than 20 years in the legislature. 

Because of his ties to Wayne County, Prosecutor Kym Worthy asked Washtenaw County's Prosecuting Attorney to take a look at the case against Smith. After evaluating everything involved, it was determined the tests weren't accurate.

With the latest problem, will Worthy again ask for help? That question remains unanswered this early in the investigation.

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