HAZARD — A candidate for commonwealth’s attorney in Perry County who was charged with driving under the influence pleaded not guilty to the charge last week.
Cordell “Buddy” Williams appeared briefly in Perry District Court on Friday and entered the plea, and is now scheduled to appear again for a hearing in August when two motions in the case will likely be heard.
Williams’ attorney, Danny Rose, filed one motion to dismiss the case claiming, as Williams claimed during an interview with the Herald in March, that he was not driving the vehicle on the evening of March 17, as was alleged in a police report following Williams’ arrest. Williams said he had been drinking, but his wife, who had not been drinking, was actually driving the car.
According to the police report, Williams was arrested at his home in Hazard after a complaint was made to police that his car had struck a wall in front of a neighbor’s house while he was driving it.
“Buddy wasn’t driving the vehicle,” Rose said. “His wife was, and we’ve got her affidavit.”
Rose also filed a motion on what he referred to as the 20-minute rule, which pertains to the admission of a breath test administered to Williams to determine his blood alcohol level. Rose said it appears that the arresting officer did not follow correct procedure at the Hazard jail in administering the test.
“According to the law as I understand it, a police officer has to watch you for 20 minutes before you take the test,” Rose explained. “We’re contending that he did not do that.”
Rose added that nearly everything inside the jail is recorded, and he said there exists a recording of Williams sitting alone in the jail before he was given the test.
Those motions are expected to be heard at a hearing in Perry District Court on August 17 at 10 a.m. Special Judge John Kevin Holbrook of Johnson County is presiding over the case.