By Meghan McCormick
The attorney for Cleveland County Clerk Tammy Howard has requested that Howard's misdemeanor case for allegedly driving under the influence of alcohol be set for jury trial.
Norman attorney Steve Stice is representing Howard who was arrested Jan. 25, near the intersection of 96th Street and Cemetery Road in Noble.
Stice said he appeared on Howard's behalf Monday in Cleveland County District Court.
"We are still in the process of investigating the allegations and have a few more witnesses to interview," Stice said. "Based on those factors, I am not inclined to have her waive her right to a trial by jury at this time."
Richard Smothermon, district attorney for District 23 which covers Pottawatomie and Lincoln counties, charged Howard, 42, of Noble, on Feb. 24 with driving a motor vehicle while under the influence of alcohol.
Oklahoma Attorney General Drew Edmondson appointed Smothermon to handle the investigation. The Cleveland County District Attorney's Office recused itself from the case.
"This appearance today may be taken care of by attorneys at an earlier time without an appearance by Ms. Howard," Stice said. "This would be the situation for any other individual charged in Cleveland County."
Howard's arrest came after a Cleveland County deputy pulled over the vehicle she was driving about 2 a.m. Jan. 25.
Cleveland County Sheriff's Deputy Sammie Jo Seal said in her report that when she conducted the traffic stop, she immediately smelled an odor commonly associated with an alcoholic beverage on Howard.
"She had slurred speech and red, watery eyes," the report stated. "As Tammy exited the vehicle, I observed she was unsteady on her feet and was attempting to make a phone call."
Seal said Howard admitted to drinking a glass of wine with dinner.
Howard agreed to the Standardized Field Test. Based on Seal's observations, she arrested Howard for reasonable suspicion of driving under the influence of alcohol, according to the report.
"I read the Implied Consent to Tammy. She stated, 'I'm not taking any tests,'" the report stated.
Seal transported Howard to the Cleveland County Detention Center and booked her on the DUI charge.
According to the report, Howard refused the state's breath and blood tests.
Stice said in February that under Oklahoma's Implied Consent Law, if the officer has probable cause and reason to believe the suspect is driving under the influence, he or she can ask the person to take the state's breath and blood test.
Should the suspect refuse the state's test, that person's driver's license can be suspended for 180 days.
He said the Department of Public Safety did not suspend Howard's license by administrative action.
Stice said he is not aware of any law that would require Howard to relinquish her employment should she be convicted of a misdemeanor
According to the DUI charge, if Howard is convicted she faces a fine of up to $1,000 and imprisonment for 10 days to one year.
