A grand jury in Monmouth County declined to hand up a felony indictment, the Star-Ledger of Newark reported Tuesday. Instead, Smith must answer traffic charges in Millstone Municipal Court next week.

Smith, 23, was at the wheel of a 2003 GMC Yukon when it was involved in a head-on collision in Millstone. Smith and his friend, Andre Bell, 21, of East Orange, N.J., were not wearing seat belts. Both men were thrown from the vehicle, and Bell died two days later from head injuries.

Before the crash, Smith, legally Earl Smith III, had a history of ldrivers' license suspensions and had accumulated 27 points in a year. He told reporters afterwards that he would "take things a lot more slower" but has received two speeding tickets since the accident.

Smith's New Jersey license is currently suspended and he has been ordered to attend classes for driver improvement.

A star at Lakewood High School and St. Benedict's Prep in Newark, Smith decided in 2004 to turn pro without college and was drafted by the New Orleans Hornets.