Senator's DUI case settled

Topeka Capital-Journal, The, Jun 4, 2003 by Steve Fry Capital-Journal

By Steve Fry

THE CAPITAL-JOURNAL

Sen. Edward Pugh, R-Wamego, entered a diversion agreement last week with the Topeka city attorney's office in connection with a drunken driving charge linked to a non-injury accident Jan. 3.

Before the agreement was reached, Pugh was to have been tried Tuesday in Municipal Court on a charge of driving under the influence of alcohol and unsafe backing of his vehicle.

Diversion for Pugh on the DUI and unsafe backing offenses was approved May 28 by assistant city attorney Luther Ganieany, who was assigned to prosecute Pugh. A third offense of driving without proof of insurance was dismissed after Pugh provided proof that he had insurance, Ganieany said.

On Tuesday, John Knoll, chief of prosecution for the city attorney's office and police legal adviser, said the Jan. 3 DUI was Pugh's first such offense. He said driver is eligible for diversion if he or she is a first-time offender, doesn't have a serious drinking problem, and there isn't a felony linked to the charge.

Under the diversion agreement, the charge is dismissed at the end of a year if he isn't involved in a similar offense, Knoll said. If a motorist on diversion receives another DUI, the diversion is treated as a conviction, Knoll said.

Ganieany said Pugh paid a fine and fees totalling $819. Pugh also is required to write letters of apology to two police officers linked to the case based on his conduct in the incident, Ganieany said.

Sen. Edward Pugh

was granted diversion in his DUI case