Court date set in former judge-exec. DUI case
Jan. 4—CATLETTSBURG — A former Boyd County Judge-Executive charged with DUI was released Sunday on a personal recognizance bond and is due back in court Jan. 30, according to court records.
According to Jailer Bill Hensley, Steve Towler, a former one-term judge-executive and former Ashland Schools superintendent, spent a total of 14 hours at the Boyd County Detention Center.
Towler is charged with first-offense DUI and running a red light.
A criminal citation filed by Ashland Police shows Towler, 77, was stopped at 11:53 p.m. on Dec. 31, 2022, in the 1200 block of Winchester Avenue after running a red light at the intersection of Winchester Avenue and 13th Street.
Towler said he had been volunteering at the annual Wine and Bourbon Ball — which benefits The Neighborhood to help those in need — at the Delta Marriott. He volunteers every year, as he is a board member for The Neighborhood.
"I had probably two glasses of wine," Towler said. "I didn't feel at all that I was intoxicated. When I approached the bridge, the police car was facing toward the road, and there's a red light. My eyes left the road to see the police car ... when I looked back up, I was under the red light, which had just switched from yellow to red. I was too far under the light to stop. Just as soon as I did, blue lights came on."
When Towler stopped, the citation states he immediately stepped out of his 2021 Chevrolet Traverse before the officer approached him.
"Towler was clearly swaying when he stepped out and as I approached I could detect the strong odor of alcohol coming from his person," the arresting officer wrote in his citation.
The officer had Towler return to his vehicle and get his driver's license and insurance card — court records show Towler gave the officer the wrong insurance card and then struggled to find the right one and open the glovebox latch.
"My insurance card was in my glovebox and it was full of stuff ... I had to shuffle through to get to the insurance card holder," Towler said.
The officer had Towler exit the vehicle to conduct a series of field sobriety tests.
According to court records, the officer had Towler perform the horizontal gaze nystagmus tests, which is a measure of the involuntary jerking of eyeballs.
When someone is intoxicated, the jerking becomes more pronounced.
Per his citation, Towler showed six out of six clues for impairment on the horizontal gaze nystagmus test.
Towler was then subjected to a walk-and-turn test — records show he could not maintain balance, started too soon, stopped walking, stepped off the line and did not touch heel to toe.
The officer wrote he showed five out of eight clues on that test.
During the one-leg stand test, Towler put his foot down, used his arms to balance and swayed, according to court records.
The officer wrote Towler showed three out of four clues on the test.
"If I had been sober for 25 years, there's no way I could've passed that protocol," Towler said. "I have a handicap sticker. I have had trouble with my legs. I'm not stable when I first get up from sitting down until I hold on to something. ... I knew I failed those tests."
Towler admitted he didn't inform the officer that he is handicapped.
After being placed under arrest at 12:15 p.m. on Jan. 1, 2023, Towler was taken to the Catlettsburg Police Department to undergo breath test with an Intoxilyzer — essentially, a very big breathalyzer.
The machine showed an alcohol concentration of .087, just above the legal limit of .08, according to court records.
At 1:55 a.m., Towler was booked at the Boyd County Detention Center, according to Hensley. He was released at 3:35 p.m. the same day, the jailer said.
"I'm not pleading innocence," he said. "That'll be up to the judge. I support the community and certainly wouldn't be doing anything to embarrass The Neighborhood. I don't want to harm them by my mistake."
Attorney David Mussetter will represent Towler, according to the former judge-executive.
