Foley received a speeding ticket, but did not face charges related to any potential impaired driving.
Foley, a Democrat, was pulled over June 23 by Brookville Police for driving 44 miles per hour in a 25 mph zone, according to police records. Foley said he told the officer that he had had one beer earlier that day. Foley said he passed a field sobriety test, was ticketed for speeding and paid his fine a few days later.
“ I was wrong to speed, and paid the ticket in a timely manner, ” Foley said in a written statement issued last week. “I thank the officer for his service and for following all protocol to keep our community safe. I was disappointed to see my opponent’s allies attack this officer’s reputation and accuse him of a crime.”
The ad uses dash-cam police video that was produced in a manner that projects an image of the Brookville Police Department as corrupt, according to the FOP.
Past FOP President John DiPietro said in a statement Sunday, "As Representative Smith claims he was unaware of the ad, or as reported by Dayton Daily News (Oct. 30th) he called it a 'surprise,' then why is he not at the front doors of the Brookville Police Department apologizing?"
“This style of politics is best left in Washington DC, not in Montgomery and Preble counties,” DiPietro’s statement said.
Members of the FOP demanded an apology from Smith and asked him to take action to stop the ad, according to the statement.
“The Brookville FOP are absolutely right to demand an apology,” Foley said. “What my opponent’s backers did – spending $200,000 on false TV ads attacking the integrity of Brookville PD in order to score political points on me – is why people are angry and cynical about politics. What they did was factually and morally wrong.”
Smith had earlier said the ad came as a surprise to him but he did not respond to a request for comment on the FOP demand for an apology.
The Ohio House 43rd is the most competitive Ohio House race in the region this election cycle.
Smith won the Republican primary for the 43rd state House seat in May and was appointed to the seat when former state Rep. Jeff Rezabek , R-Clayton, resigned to become a juvenile judge in Montgomery County.
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Rezabek was appointed by Ohio Gov. John Kasich to replace longtime Juvenile Court Judge Nick Kuntz, who died in May.