Smith was arrested in July 2012 on two outstanding warrants, the result of nearly $3,000 in backed child support and $1800 in fines to the city of Ada. The fines were the result of driving with an open container and a suspended license, as well as driving with neither a driver's license nor insurance. His challenger, Susan Paddack, said: "Is he qualified for this office when he's sitting in jail? I can't help but think rather than running for office, wouldn't his time really be better spent getting his life in order?" He was released from jail on August 13 on a recognizance bond, and eventually satisfied the $1,796 city fine.