TOPEKA, Kan. (KSNT) – Senator Vic Miller’s attorney is asking for his case to be dismissed.
In May, Sen. Vic Miller was charged for driving under the influence. Topeka police arrested him after finding him in a car that had crashed into a ditch.
Miller’s attorney requested for the case to be dismissed, saying officers did not have enough evidence to arrest him. Officers arrested Miller before giving him a field sobriety test, which they normally do when they suspect drunk driving.
Officers said it was too dangerous on the side of the highway, so they took him to the law enforcement center to give him the test.
The prosecutor said there is plenty of evidence to arrest Miller. Officers described him as having slurred speech, red droopy eyes and wobbly walking, but the defense said that all could have been caused by the car accident, not drunk driving.
There is body cam footage from an officer that the judge will watch before deciding if the case can move forward, but the video is not available to the public.
If the case is not dismissed, Miller wants the case to be heard by a jury.