Montgomery County judge takes plea deal in DWI
Montgomery County Judge Mark Keough has pleaded guilty to a misdemeanor driving while intoxicated charge that resulted in his license being suspended for 90 days and his paying $2,000 in fines relating to a crash he had in The Woodlands in September.
“Judge Keough has the highest respect for the judicial process and law enforcement to investigate allegations,” his attorney, Doug Atkinson, stated in a release Wednesday. “Throughout the investigation of this case Judge Keough cooperated fully with law enforcement. The findings of the investigation showed that there was no alcohol, narcotic, or illegal drugs present in the blood test results. The results include only two prescribed medications, taken as prescribed, that were within the therapeutic range.”
Atkinson said the first medication included zolpidem, a substance found in a sleep aid that can have residual intoxicating effects in the morning. The other medication did not cause or contribute to any intoxication.
“After a thorough review of the evidence and consultation with his attorney, Judge Keough has decided to enter into an agreement to resolve his case,” Atkinson stated. “This will result in Judge Keough accepting responsibility for a first offense misdemeanor DWI and paying a fine, a mandatory driver license suspension, and a state traffic fine.”
Keough turned himself into law enforcement authorities in December following an investigation of the crash where Keough suffered several injuries including a broken hip. According to the affidavit, Keough was driving on Grogan’s Mill when he allegedly hit a Mazda while traveling about 52 mph before hitting a law enforcement Tahoe driven by a Precinct 5 deputy constable at about 39 mph. The posted speed limit along that stretch of roadway is 30 mph. Keough was not wearing a seatbelt and the airbag in his SUV did not deploy until he hit the Tahoe.
Keough consented to have his blood drawn once he was hospitalized following the crash. His blood sample contained 155.5 nanograms per milliliter of zolpidem — which is sold as Ambien — 1.5 ng/mL of fentanyl and 65 ng/ mL of amphetamine, the affidavit states. It also noted the fentanyl was given to Keough on scene by paramedics.
In the affidavit, Department of Public Safety Sgt. Joshua Pullen provided medical data from the New England Journal of Medicine that noted zolpidem in amounts above 50 ng/mL revealed significant impairment in driving abilities and “such impairment is thought to increase
the risk of motor vehicle accident.” Pullen also noted the article stated “people affected by impairment after takin zolpidem frequently do not recognize their impaired state and that patient self-perception is not an adequate gauge for impairment.”
Pullen reported when he arrived on scene he found Keough in his Lexus SUV with his eyes closed and a small amount of blood on his face and appeared to be in pain. The documents noted he was not responsive at the time.
Keough was ultimately hospitalized for several days undergoing surgery to repair his pelvis.
“Judge Keough does not want this case to be distraction in his fight to keep Montgomery County open so that the citizens of Montgomery County can go to work, school, church and gather with friends and family,” Atkinson stated. “He will continue to work every day to ensure that Montgomery County’s vaccine program provides as many vaccinations as possible to its citizens. Judge Keough took office to fight for the citizens of this county and he will continue to fight to keep Montgomery County strong as he leads the county through its recovery in the aftermath of the winter storm and through the pandemic towards an even stronger future.”
Jason Millsaps, who serves as Keough’s chief of staff, said the county judge will continue to lead the county because the misdemeanor plea does not rise to the level to be removed from office according to state law.
This was Keough’s second major traffic collision in the past three years.
On March 28, 2017, Keough “swerved into oncoming traffic several times” in Austin before hitting a flatbed truck, according to a crash report filed by the Austin Police Department. The report states that Keough was seen slumped against the side window of his car before the collision.
The doctors who later treated Keough suspected he might have suffered a stroke. Keough later said he had been sleep deprived and that his license was temporarily suspended while the Texas Medical Advisory Board reviewed his condition. He denied suffering a stroke.