ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, July 31, 1990                   TAG: 9007310144
SECTION: VIRGINIA                    PAGE: A-4   EDITION: METRO 
SOURCE: MARK LAYMAN and
DATELINE:                                 LENGTH: Medium


JOHNSON: ARREST `HUMILIATING'

Bob Johnson offered Monday to give up his seat on the Roanoke County Board of Supervisors, saying his arrest Sunday night on a charge of drunken driving was "humiliating and embarrassing."

Johnson said he had talked with Chairman Dick Robers and Supervisor Harry Nickens and told them "how sorry I am for disgracing the board. . . . I told them that if they couldn't work with me, I would consider resigning. They rejected that."

Johnson was arrested and charged with driving under the influence of alcohol on Hershberger Road Northwest about 8:30 p.m. Sunday.

A magistrate at the Roanoke City Jail set a $300 personal recognizance bond, but Johnson wasn't let out until he called on assistance from Roanoke Del. Clifton A. Woodrum, who then called General District Judge Ed Kidd.

Woodrum, a lawyer, serves on the House Courts of Justice Committee, which reviews judicial appointments. He said he was acting as Johnson's friend, not as his attorney. And he said he did not try to use his legislative position to affect the incident. "I never mentioned any position I held," he said.

Instead, Woodrum said, he was forced to call on Kidd because the magistrate wouldn't let Johnson out, even though Johnson was entitled to be released because bond had been set. The magistrate told him that normal policy is to hold people charged with drunken driving for several hours, Woodrum said.

Chief Magistrate Bobby Casey said Monday that he was not on duty when the incident occurred. But generally, he said, a DUI suspect is not released until he is sober or until someone is there to take responsibility for him.

One of the magistrates who was on duty Sunday night, Ric Walters, declined to comment.

If the magistrate didn't think Johnson should have been released, bond shouldn't have been set, Woodrum said. But once bond was set, Johnson had a right to leave, he said.

"I just asked that they follow the law," Woodrum said.

Woodrum said that after Johnson called him, he got dressed and went to the jail. He said he returned home and called Kidd because the magistrate refused to release Johnson. He said Kidd told him to go back and try a second time, and that if the magistrate refused again to call him from the jail.

When the magistrate refused again, Woodrum called Kidd. The judge talked to the magistrate, who finally released Johnson. Woodrum offered to take responsibility for Johnson and drive him home.

"It's my function as both a lawyer and a friend," Woodrum said.

Johnson, who also was ticketed for following another vehicle too closely, is to appear in Roanoke General District Court on Sept. 25.

He said Monday that he had played in a golf tournament Sunday at Roanoke Country Club and "celebrated a little too much for placing second. . . . I'm not going to say I just drank one beer . . . [But] I didn't think I was impaired."

He said he had taken a couple of sinus pills and hadn't eaten breakfast or lunch Sunday.

The police officers who handled his arrest and booking were "very professional and very polite," he said. "They were just doing their job."

Other supervisors said they would stick by Johnson.

Robers said Johnson has done "an excellent job representing the people in the county. It's an unfortunate incident, but knowing Bob, I'm sure he's learned from it. I'm sure it will never be a problem again, and I'll support him 100 percent."

Nickens said Johnson "exercised poor judgment. But there's no one who regrets it more than he does. It was very humiliating to him."



 by CNB