FORT OGLETHORPE — After getting nabbed while driving more than twice the legal drinking limit last month, State Court Judge Donnie Peppers has pleaded guilty to a reduced charge.

Peppers was initially charged with DUI and weaving, according to an arrest report. On Friday, July 20, he pleaded guilty to failing to exercise due care while operating a motor vehicle.

Some are complaining that this is a case of the “good old boy” network in action.

“The only fact is that he was twice the legal limit,” said Jack Denny, a retired master trooper from the Georgia State Patrol. “A liability to himself and everyone else he came in contact with while driving ‘drunk.’ It is a slap in the face to the arresting officer who we empower to enforce the ‘applicable law’ on all fairly, giving ‘due consideration’ to the existing circumstances.”

Denny, who retired 10 years ago after serving 34 years with the state patrol, said he didn’t harbor any sour grapes, but felt Peppers was being allowed to slide through the system with lesser charges than those he hands out in his own courtroom.

Peppers had a blood- alcohol level of nearly 0.17, twice the legal limit of 0.08, after he was stopped on Mack Smith Road on Saturday, June 8.

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According to the “drink wheel” at the Walker County Sheriff’s Department’s website, a 185-pound male would need to drink approximately 12 beers steadily over four hours to have a blood alcohol concentration of 0.17. To spin the wheel, visit www.walkerso.com/wheel.

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State Court handles civil and misdemeanor cases including traffic citations, some alcohol and drug charges and some domestic violence cases. Peppers did not hear DUI cases while his case was being adjudicated.

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Lookout Mountain Judicial Circuit Assistant District Attorney Grover Hudgins said that if the DA’s office had been involved, the case would have probably had a different outcome.

"We don't dismiss or reduce any cases unless there is no evidence to support it," Hudgins said, adding that first-time DUI offenders, if convicted, face up to 12 months in jail and/or up to a $1,000 penalty.

A telephone message left Tuesday by the Walker County Messenger for Peppers' attorney, Billy Mullinax, was not immediately returned.

According to Lt. John McGrath’s arrest report, he was on patrol when Catoosa County Sheriff’s Department deputy Doug Licklider — while en route to another call — reported a vehicle that needed to be checked. McGrath fell in behind Licklider and pursued the car, noting in the report that he “observed the offender all over the roadway.”

McGrath also noted in the report that Peppers appeared to be intoxicated, smelled of alcohol, and denied having anything to drink. Two samples taken with using an intoxilyzer after a trip to the Catoosa County jail test yielded results of 0.169 and 0.165.

Peppers’ negotiated plea came before Judge Charles Smith.

A telephone message left Tuesday by the Walker County Messenger for Smith was not immediately returned.

“After thoroughly investigating the facts of that case and researching applicable law, in consultation with city officials, I decided that we should negotiate a plea in this matter,” said Steven Ellis, specially appointed solicitor in the case.

A telephone message left Tuesday by the Walker County Messenger for Ellis was not immediately returned.

Peppers, who lives in Walker County, was ordered to pay a $991 fine, perform 40 hours community service and attend DUI risk reduction school.

At the time of Peppers’ arrest, Fort Oglethorpe Police Chief Larry C. Black said a Catoosa County sheriff’s deputy spotted Peppers weaving along Cloud Springs Road and contacted one of Fort Oglethorpe’s officers, who made the arrest between 12:30 a.m. and 1 a.m. on Mack Smith Road.

Black said Peppers cooperated fully and had no other passengers with him in the vehicle.

This isn’t the first time Fort Oglethorpe law enforcement has had to arrest a public figure.

“It’s always a tough situation for the police officer involved when they have to make an arrest of an officer of the court system,” Black said. “… (Peppers) is a good guy. He’s highly respected in his field.”