One area District Attorney claims an incident report filed with the Hutchinson County Sheriff's department that describes him as being intoxicated in public...is littered with incorrect facts.
Last May, 84th Judicial District Attorney Clay Ballman says he and a friend were drinking a beer in the parking lot of the Stinnett County courthouse after hours, when they were approached by a police officer.
The details from this point are highly disputed. The report says the officer thought Ballman could have been a danger to others behind the wheel, but Ballman says he was not even driving the car.
He told Newschannel10's Tina Berasley "He performed no field sobriety tests on us, he never questioned us to how much we'd been drinking...we certainly werent gonna argue with him".
There is also an issue over the amount of beer cans found on the ground and the smell of alcohol on his breath. Ballman says he and his friend each had only one beer, and the report says there were several.
The officer who wrote the report was not available for comment, but the county's Sheriff says he has no reason to doubt his Captain's report.
Sheriff Guy D. Rowh said "Well Mr. Ballman was there of course but up until late yesterday or early this morning there was no problem with the report".
Ballman believes the reason why this incident is now coming to light is because of his previous connection to drinking and driving. He pleaded guilty to DWI after an arrest in May of 2005.
"I think I have people who think I've done a good job and I think there's people out there that dislike me and there's nothing I could do or say...I have learned my lesson back in May of 2005 and I do not drink and drive so I was not intoxicated".
There were no charges filed against Ballman or his friend in this most recent incident. A corrections officer at the scene simply drove them home.