Ohio candidate accused of using authority to avoid DUI

Ohio state legislative candidate Dan Foley is firing back at a new attack ad.  (foleyohio.com)

A state legislative candidate in Ohio was accused in an attack ad earlier this week of using his authority to avoid a DUI citation.

The 30-second ad hits Montgomery County Commissioner Dan Foley, a Democrat running to represent Ohio’s 43rd House district. The ad claims that Foley failed “multiple sobriety tests” but used his authority as county commissioner to “only receive a $40 ticket” for speeding -- "getting away with drunk driving."

The video includes police footage of Foley performing a field sobriety test and concludes, “We Can’t Trust Drunk Dan Foley.”

Foley cast the ad as a "misleading" attack coming in the final days of the race.

“The ad is really misleading and it's wrong and this is what happens in the last week of a campaign," Foley said in an interview with FOX 45/ABC 22.

Foley said he only had one beer that day and passed his field sobriety test.

"If it was anything more than a speeding ticket, then I would deserve to be criticized. There was nothing more than that and this group is trying to play upon some misconception.” Foley said on FOX 45/ABC 22.

Foley reportedly was driving 44 miles per hour in a 25 mph zone on June 23 before being pulled over, according to police records.

“I was wrong to speed, and paid the ticket in a timely manner,” Foley said in a written statement. “I thank the officer for his service and for following all protocol to keep our community safe. I was disappointed to see my opponent’s allies attack this officer’s reputation and accuse him of a crime.”

Hardworking Ohioans Inc, a political action committee, funded the ad. Foley is running against Republican J. Todd Smith, who was sworn in as state representative earlier this year.

“The events that have now come to light concerning Commissioner Foley are his issues, and he alone has the right and responsibility to address them. Any questions about this event should be directed to Dan Foley,” Smith said, according to the Dayton Daily News.

Other Democrats condemned the attack ad. “To accuse the Brookville police officer of corruption to score political points is shameful. This ad impugns the reputation of the ticketing officer, and suggests corruption within the department despite zero evidence,” Fred Strahorn, Ohio House minority leader, said in a written statement, according to the Daily News.

Lauren Lee contributed to this report.