Published: April 29, 2008 11:01 pm         

Nicholas prosecutor charged with DUI

Nicholas County Prosecutor Mark Hudnall was arrested in Webster County over the weekend and charged with one count of first-offense driving under the influence, the Webster County prosecutor’s office said.

Deputy David Bender of the Webster County Sheriff’s Department responded to the scene of a single-vehicle accident near Diana around 3:30 p.m. Sunday.

Upon his arrival, Bender discovered Hudnall — the vehicle’s only occupant — in “an apparently intoxicated state.”

After administering field sobriety tests, Bender placed Hudnall under arrest for driving under the influence of alcohol and transported him to the Webster County Sheriff’s Department, where he was released into the custody of a relative.

The 54-year-old Hudnall, who was not seriously injured in the accident, entered a not guilty plea Monday in Webster County Magistrate Court and posted a $500 personal recognizance bond.

If convicted, he faces a minimum of 24 hours in jail and up to six months. He also faces a fine up to $500.

Hudnall did not return phone calls made to his office on Monday.

Hudnall is running for re-election this year. He faces former prosecutor Keith McMillion and James “P.K.” Milam, his 2004 opponent, in next month’s Democratic primary. No Republicans are running.

Nicholas County Commissioner Spurgeon “Jinks” Hinkle says the county would have to seek legal advice outside of the prosecutor’s office to determine what, if any, disciplinary measure is appropriate.

Philip Morrison, executive director of the West Virginia Prosecuting Attorneys Institute, says that as an elected official, Hudnall answers to the voters.

— Register-Herald reporter Matthew Hill and

correspondent Chrissy Boone

contributed to this story.