TOPEKA — A special prosecutor will decide whether to pursue a DUI charge against a Kansas legislator who was arrested on suspicion of driving under the influence after his vehicle was found in a Topeka ditch.

Shawnee County District Attorney Mike Kagay said he assigned Franklin County Attorney Brandon Jones to state Sen. Vic Miller’s case. A special prosecutor investigates, and potentially prosecutes, cases in which a conflict of interest exists for the usual prosecuting authority.

The Topeka Capital-Journal reported that Kagay asked Jones to take the case because prosecutors in Kagay’s office had appeared before Miller when he was administrative judge for the Topeka Municipal Court, a position he held from 2011 to 2015.

“Having had direct dealings with him, and appearing in front of his committees during that process, I determined it would be best to have a special prosecutor review the case to avoid even the appearance of any impropriety,” Kagay said.

Topeka police arrested the 68-year-old Democratic legislator in May after finding him inside his crashed vehicle in the ditch. Police said Miller wasn’t injured, but appeared intoxicated.

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