Benton County Judge Bob Clinard will not be charged with public intoxication in connection with an August incident at the Frisco Festival.
Clinard was stopped by two Benton County sheriff's deputies at the event when he was stumbling and was having difficulty maintaining his balance, according to court documents.
The deputies was escorting Clinard to a patrol car, but Clinard appeared to have a medical problem and he was transported by ambulance to Northwest Medical Center in Bentonville.
Clinard was later issued a citation for public intoxication.
Jim Clark, Benton County's prosecuting attorney, announced Wednesday that he intends to dismiss the charge against Clinard.
"There is no doubt that the officers had adequate probable cause to believe that he might be intoxicated," Clark said. "The officers should also be commended for recognizing that he was suffering from some kind of medical problem and summoning the EMTs to the location."
Clark said the hospital did not test Clinard's blood alcohol content when he was taken to the emergency room following the incident. According to Clark, the emergency room doctor stated in his report that Clinard did not appear to be intoxicated.
Clark also said there was no evidence that Clinard had been rowdy or annoyed anyone in any way prior to his encounter with the officers.
Clark said he intends to file paperwork dismissing the case in the next couple of days.