Judge's license suspended after OVI

MIAMISBURG, Ohio (WDTN) - A Miamisburg judge cited for driving while intoxicated has lost his drivers license for one year.

BMV records showed that Judge Robert Messham's licence was suspended for refusing to take an alcohol test.

Messham was cited with OVI after crashing into a car near the intersection of Benham and Medlar roads in Miami Township Jan. 26, 2010.

Police reports indicated the judge refused to take a field sobriety and breathalyzer test.

Larry Denny, a local attorney who specialized in DUI cases said that was pretty standard, especially for someone who knew the law well.

"You can refuse the field sobriety test. Most people can't do them anyway," said Denny. "When you're especially nervous, with an officer on the side of the road, with traffic going by, to try to do some gymnastics. It's not a good idea to try them. Most people would fail them."

While there were no consequences for refusing to take the field sobriety test, Denny said you could face more jail time, and charges for refusing a breathalyzer test. One of those was losing your licence immediately.

Judge Messham was arrested but he was not booked, and entered a plea of not guilty to the citations. He is still on the bench. A legal expert from the University of Dayton said, there was no conflict of interest there. The judge had not been proven guilty.

"We jump to conclusions often without hearing a whole case. It is important to look at whole case first before we prejudge it," said Denny.

2 NEWS put in a call to interview Judge Messham. His secretary said, "the judge respectfully declines our request for an interview.

Messham was expected to be back in court for a pre-trial hearing on April 13.