Frustrating case

Although a number of Kansans are angry about a drunken driving charge against a state legislator, it appears the case was handled properly.

It’s easy to understand why some area residents are upset by what they see as mishandling of a drunken driving charge against a Kansas legislator.

While most of their frustration is directed at Sen. Ed Pugh, however, it might be better targeted at the officers who apparently made a key mistake in their handling of the case.

After Pugh backed his car into another vehicle in Topeka on Jan. 3, officers responding to the accident administered a Breathalyzer test to determine Pugh’s blood-alcohol level. Although officers are required by law to wait 20 minutes to conduct such a test, it was determined during an administrative hearing on April 30 that the officer had waited a minute or two less than that.

The test showed Pugh had a blood-alcohol content of 0.24 percent, three times the state’s legal limit of 0.08. People convicted of drunken driving in Kansas have their driver’s licenses suspended for 30 days and restricted for an additional 330. Because of the officer’s error, however, neither of those penalties were applied to Pugh, who entered a diversion agreement which required him to write letters of apology to the officers and seek alcohol treatment.

Before the information on the administrative hearing was released last week, a Wichita attorney assessed the situation by saying “The senator got away with something a regular citizen can’t get away with.”

In fact, it appears the law was applied fairly to Pugh. The 20-minute wait is a requirement for all “regular” citizens, not just state legislators. And despite one Kansan’s contention that the senator “manipulated the system,” it appears the 20-minute wait required by “the system” was properly enforced.

It’s unfortunate whenever someone who appears to be guilty of drunken driving — or other offenses — escapes the consequences, but if laws are to be fair they must be enforced in a uniform manner. When slip-ups occur, it’s frustrating to the public as well as law enforcement officers, but the law is the law and to be fairly applied, it has to be somewhat rigid.

One positive aspect of Pugh’s case is that it has refocused attention on the hazards of drunken driving. Those who drive drunk are a danger to themselves and others, and the negative attention this case has brought to Pugh confirms that society now firmly condemns what once was viewed as a fairly innocuous offense. Although Pugh’s driver’s license remained intact, the same might not be said for his personal reputation.