Iowa City-bound MegaBus driver arrested for OWI sentenced to 77 days

A 52-year-old Chicago man caught driving a MegaBus full of passengers while under the influence of alcohol in October was sentenced this morning in Johnson County Court to serve 77 days in jail.

“He was driving a MegaBus with 77 passengers bound for Iowa City,” Assistant County Attorney Jude Pannell told the court Thursday morning. “Seventy-seven people put their lives in his hands.”

Carl Smiley also was sentenced to two years probation and ordered to pay at $1,875 fine, despite his insistence that he is turning his life around and has employment lined up, not to mention an 18-year-old daughter who he is supporting through college.

“I wager there were a lot of people who had 18-year-old daughters who were on that bus that day,” Pannell said, adding that Smiley came to Iowa City from Chicago early Thursday on a Greyhound Bus. “So he understands the trust that's involved.”

Smiley was pulled over by an Iowa State Patrol trooper on Interstate 80 just after 10 p.m. Oct. 21. The trooper said Smiley was struggling to stay in his lane and didn't even pull completely off the road when he was signaled to stop, Pannell said.

Smiley admitted he had been drinking, and his blood alcohol content tested at .120, according to Pannell. He was charged with a second-offense OWI.

“It's difficult to imagine a case in which the aggravating factors are more profound,” he said.

Thomas Woods, Smiley's defense attorney, told the court Thursday that his client understands the seriousness of the offense and has made a lot of positive changes in his life. He has landed a job with Sherwin Williams, and he attends Alcoholics Anonymous twice a week.

“He has realized that what started a few years ago with a bad divorce has taken over his life,” Woods said. “But he has an 18-year-old daughter in college who he supports, and his main concern is to stay on the right path.”

Smiley told the court Thursday that he made a “stupid decision” and has not had a drop of alcohol since his arrest. In a letter to the judge, he pleaded for leniency.

“I had to realize what is important, and being employed and taking care of your family is very important to me,” he wrote. “That is why I hope and pray, along with the high priest, that you would have mercy on my soul and keep me a free man.”

In his letter, Smiley wrote, “I truly truly apologize to you and the State of Iowa.”

Judge Stephen C. Gerard II said he appreciates the steps Smiley has taken to get his life back on track, but – given that this was his second OWI– he needs to serve some time, and 77 days seems like the right amount.

“Every person on that bus should know they factor into the penalty,” he said. “You should thank your lucky stars that you got stopped and didn't hit another car or end up in the ditch.”