MOBERLY, Mo. (KMIZ)
Travis Noble -- an attorney representing Callaway County Sheriff Clay Chism -- claims his client was not drinking and driving.
"I'm not sure how sitting in a parked vehicle not running waiting for someone to come pick you up is driving while intoxicated under Missouri law," Noble said.
Chism was waiting to meet up with another law enforcement officer when he chose to have a drink in his car that was turned off, according to Noble.
"Waiting for the other person, yea he had something to drink, which is not against the law," Noble said.
Moberly police were dispatched to an Arby's parking lot Thursday after receiving a report of property damage. An officer believed Chism was intoxicated and arrested him.
According to the Randolph County Sheriff's Department, Chism crashed his personal vehicle into a concrete barrier. Chism was arrested and posted a $2,000 bond. He has a court date set for Nov.14.
Noble told ABC 17 News he didn't hear anything about property damage and there was no probable cause for an arrest.
"At no point did they request a blood draw from him or obtain a search warrant for a blood draw," Noble said. "From my understanding there was no test given."
Chism was given a 15-day driving permit after the Moberly Police Department alleged he denied to test for alcohol, according to his lawyer.
"He was arrested we plan to challenge those charges," Noble said. "We believe he will be vindicated of any criminal wrong doing and will continue to serve the citizens of Callaway County."
The Moberly Police Department declined to comment.
Callaway County Chief Deputy Darryl Maylee told ABC17 that Chism was off duty at the time of his arrest.