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A Tennessee Court of Criminal Appeals judge has been arrested in Knoxville on DUI charges.

Jerry L. Smith, who works out of Nashville, was charged with first offense driving under the influence and violation of the implied consent law.

A police affidavit said he was stopped on Cumberland Avenue, near 18th Street around 11:30 p.m. Monday. It stated the hatch of his Subaru Forester was open, and luggage was about to fall out.

An officer noticed a strong odor of alcohol, and said Smith had slurred speech and was unable to perform standard field sobriety tests. The affidavit said he refused to take a blood test.

He was released on his own recognizance, and was set to be in court in Knox County on May 1.

Judge Smith has served on the Criminal Appeals court since 1995.

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