– Mary Garrison/Tribune-Courier || Former Commonwealth Attorney Mike Ward exits the courtroom Friday after entering a not guilty plea.

Ward pleads not guilty to third DUI charge

Suppression
hearing scheduled
for next month

By Mary Garrison
Tribune-Courier Features Editor
mgarrison@tribunecourier.com

MURRAY – Former Commonwealth Attorney Mike Ward pleaded not guilty to a DUI charge in Calloway County District Court on Friday. The allegation comes as his third in the last 18 months.

Ward appeared before specially appointed Fulton-Hickman County District Court Judge Hunter B. Whitesell and waived formal arraignment rights and procedures.

Ward’s attorney Will Kautz and special prosecutor Assistant Christian County Attorney Maureen Leamy scheduled a suppression hearing to determine if the evidence obtained in Ward’s case was indeed a violation of his rights and admissible in court.

Kautz said in order for Ward to be found guilty the state must prove two things: Ward was intoxicated at the time of arrest, and he had been operating the vehicle while under the influence.

Kautz said there was no room for doubt that Ward was intoxicated at the time of his arrest, given the results of the breathalizer — nearly a .22. The legal limit to operate a vehicle is .08.

However, he said there was no evidence to suggest Ward had been operating his vehicle.

“Mike was found parked in a parking lot,” Kautz said. Contrary to reports given previously in The Paducah Sun and The Murray Ledger and Times, Kautz said Ward’s keys were not in the ignition of the vehicle.

The hearing is set for 1 p.m. Friday, Feb. 19, in the Calloway County District Courtroom.

If convicted, Ward will face a penalty of up to 12 months in jail (48 hours of which must be served consecutively), $1,000 fine and 24 to 36 months license suspension and one year of alcohol and drug assessment treatment. The judge may also elect to assign up to one year of community service.

Ward was arrested in the parking lot of Murray Sonic last month after callers to the Murray Police Department reported the possibility of an intoxicated customer. Upon arrival, patrolman Ricky Starks detected the scent of alcohol coming from the vehicle. He was taken to the Calloway County Detention Center, where he consented to a blood alcohol test.

In 2008, he was convicted of two DUI offenses within a five-month time span. He was asked to resign from his position as Commonwealth Attorney to Marshall and Calloway Counties as a result. In addition to his resignation, Ward agreed to an alcohol treatment regimen and surrender of his driver’s license for one year.

Ward continues to practice law, maintaining an office in Benton.

Said Kautz: “Mike, like all citizens, is presumed not guilty until the state can prove otherwise.”