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Challenger to State Rep. Joshua Evans has DUI Record

A Capitol Hill lobbyist looking to unseat a rank-and-file House Republican has an arrest on suspicion of drunken driving in his history — a fact that a couple GOP incumbents want to highlight even while a fellow member of their caucus faces trial for DUI himself.

The two legislators are careful to say the run-in with the law shouldn’t disqualify Lee Harrell from being seriously considered in the race against Rep. Joshua Evans for the Robertson County House seat, but firmly add that it’s a fact voters should know.

“I think it’s probably important for voters to have that information and be able to use that in their consideration,” said Evans, a Republican from Greenbrier and small business owner.

Evans is beating back a challenge from Harrell, a lobbyist for the Tennessee School Boards Association, in the 66th District encompassing Robertson County. The August primary election race is one of 21 this year where House Republican incumbents are trying to fend off challengers.

Harrell was arrested Sept. 4, 2010, on drunken driving charges and refusing to submit to a blood alcohol test.

“It was certainly a mistake, but I learned from it. I’ve moved on. I’m a better person because of it,” Harrell told TNReport.

According to the arrest warrant, Harrell was driving 80 miles an hour in a 55 mile-per-hour zone on I-40 in Nashville on a Saturday night and was seen “meandering back and forth in his lane of travel, partly crossing into other lanes.” The report said he had watery, bloodshot eyes, smelled of alcohol and “lacked smooth pursuit” while performing field sobriety tests before refusing a blood-alcohol test.

His DUI charge was reduced to reckless driving. He pleaded guilty to the charge in January 2011, along with violating the implied consent law.

TNReport obtained documents about Harrell’s arrest from Rep. Vance Dennis, a Republican lawyer from Savannah who describes himself as a “good friend” of Evans, and provided the information for “personal” reasons.

“I was just trying to be helpful to the people of his district of Robertson County. To make sure everybody knows everything there is to know about Rep. Evans’ opponent,” he said.

But Dennis wouldn’t go so far as to criticize the plight of Rep. Curry Todd, a Collierville Republican who was arrested in October for DUI, illegal possession of a firearm and refusing a blood-alcohol test. His case has been bound over to a grand jury.

“I’m not going to cast aspersions on anyone for their prior actions, but I think people of the state have a right to know what’s out there and what’s in an individual’s history who’s running,” Dennis said.

Harrell says the leaked details of his DUI arrest prove his opponent isn’t certain of his re-election.

“You see this in politics all the time, and I think it’s just an indication that my opponent is not that confident in his voting record or in his relationships he has in the district, so he wants to point to this first rather than pointing to relevant information or relevant facts,” said Harrell.

Evans says Harrell’s mishap with the law only “recently came to his attention” and says he had nothing to do with making sure those details landed in TNReport’s hands. But he quickly added that he considers himself a proponent of stiffening DUI laws, including those that allow drivers to skip out on blood-alcohol tests.

“An issue like this is really up to the voters,” Evans said when asked whether Todd’s arrest, too, should be highlighted. He said he doesn’t plan on making Harrell’s DUI a part of his campaign.

Lawmakers added several DUI laws to the books this year, including one that would have forced drivers suspected of driving under the influence, like Harrell or Todd, to submit to a blood-alcohol test if compelled by a court order or a search warrant. That law is now in effect. Todd, who was on the floor during much of bill’s debate, left the chamber for the day minutes before lawmakers in the chamber voted.

Another clarifies that people entitled to use a drug that impairs a operating heavy machinery cannot use that as a defense against a DUI charge. That law kicks in July 1.