A Cooper City man is facing charges after authorities say he was drunk and speeding when he struck and killed a man who was walking his dog.
Michael Vincent Smith, 32, is charged with DUI manslaughter and vehicular homicide in the Sept. 11 crash that killed Robert Wimpey.
Smith was arrested Wednesday and remained behind bars without bond Thursday after a bond hearing.
His attorney, Sidney Fleischman, said Smith has been out on bond since his initial arrest in the crash and hasn't had any issues. Fleischman said he's hoping to have Smith released on bond at a hearing on Friday.
"My goal right now is to get him released," Fleischman told NBC 6. "He's entitled to be released, he would like to be released and get back to work and get back to his family."
According to an arrest affidavit, Wimpey was walking his dog when he was struck by a white Hyundai Sonata driven by Smith shortly after 1 a.m. in the area of Southwest 52nd Court and Southwest 90th Way.
Wimpey was taken to Memorial Regional Hospital in Hollywood with a collapsed lung, broken ribs and traumatic brain damage, the affidavit said. He died on Sept. 21.
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A deputy who responded to the scene said Smith's face was flushed, his eyes were glassy and bloodshot and he had an odor of alcohol on his breath, the affidavit said.
Smith told the deputy he sneezed and almost had an asthma attack when he hit Wimpey, according to the affidavit.
Smith failed roadside sobriety tests, refused to take a breathalyzer and no blood was drawn, the affidavit said.
It was later determined that Smith had driven off the roadway and onto the sidewalk where Wimpey was walking. Witnesses said they heard the racing of two vehicle engines, the screeching of tires and an impact, the affidavit said.
The affidavit said Smith was driving about 60 mph in a 45 mph zone when he hit Wimpey.
A witness said he saw Smith shaking Wimpey and screaming "I'm sorry," the affidavit said. Another witness said Smith's wife arrived at the scene and said she texted Smith "If you're too drunk to drive, don't drive, I'll come pick you up," the affidavit said.
Friends told investigators Smith had spent the night drinking at a Cooper City bar and a pool hall, the affidavit said. The friends said they tried to stop Smith from driving but he drove anyway, the affidavit said.
