Two DUI charges meet in one trial

VIRGINIA BEACH, Va. - The Virginia Beach trial of Norfolk native and future Hall of Famer Bruce Smith is underway. At the trial, Officer Bryan Womble will testify. Officer Womble pulled over Smith, and is facing a DUI charge of his own.

Smith was pulled over in May for speeding. The stop resulted in charges of driving under the influence and refusing to take a breathalyzer. The former NFL star's lawyer said Smith will plead not guilty.

"I'm going to do the best I can," promised Larry Cardon, from The Decker Law Firm, "and hopefully it'll turn out ok."

But it's more than just a high-profile client drawing attention to this case. The officer who pulled over Bruce Smith on I-264 faces a DUI charge of his own. Virginia Beach Police Officer Bryan Womble crashed his car at the oceanfront in June, and failed three of four field sobriety tests.

"I'm sure he's extremely embarrassed by that," said Virginia Beach Commonwealth's Attorney Harvey Bryant, "and we're all surprised by it."

Bryant said the pending charge does not affect Womble's credibility as a witness in any cases, including driving under the influence. DUI is not a charge that relates to moral judgment under the law, like lying, cheating, or stealing.

"DUI is a crime but it is not a crime that the law considers affecting your veracity or your truthfulness," explained Bryant.

Bryant said Womble will be called to testify Thursday against Bruce Smith. Smith's lawyer Larry Cardon said he will not bring up pending charges against Womble, because it has no bearing on this case.

"It doesn't affect it at all because I cannot bring it up," Cardon said. "I cannot mention it."

The trial will still draw plenty of attention, with a high-profile defendant and a suddenly high-profile witness.