Published: June 19, 2009 09:30 pm      

Lawyer arrested on DWI charge on way to court

NEW BOSTON, Texas (AP) — A state district judge declared a mistrial in a murder case and ordered a defense attorney to reimburse Bowie County for jury costs after the attorney was arrested on suspicion of driving while intoxicated on his way to court.

Bryan Simmons of nearby Atlanta was taken into custody Tuesday after a car wreck near New Boston.

On Friday, he told The Associated Press that he lost control of his car during a sneezing fit.

Simmons says he was not under the influence of any alcohol or illegal drugs. He said he was just really tired from having kept late hours preparing for the murder trial.

District Judge John Miller declared a mistrial halfway through jury selection and ordered Simmons to pay the county $318 for the 53 $6 checks it had to give potential jury members, the Texarkana Gazette reported.