Officers with the Houston Police Department initiated a traffic stop at 1:55 a.m. Court records state they observed "extremely slow movements, emotionless behavior, and dilated pupils" after pulling her over for turning right from the center lane at the intersection of Hempstead and Kempwood in the Spring Branch area.
This was her second police run-in since April 12.
"Have you had anything to drink tonight," the Harris County Sheriff's Office sergeant who stopped her asked.
"No," she responded.
"You sure? Because either I, you drowned yourself in perfume or," he said.
ABC13 reported on the first traffic stop last week after obtaining body-worn camera video from HCSO. Somehow, the video was obstructed by cameras by two deputies, but the audio was clear.
"If I do this test and don't do well," she said. "I lose my career."
"We're not calling Lt. Katrib, and we're not calling Sheriff (Ed) Gonzalez," the sergeant pushed back at one point. "This is an investigation into an impaired driver."
The dash cam video, also obtained through an open records request, was clear, too.
After catching up to Judge Johnson's vehicle on US-290, the video shows the stop happening in a parking lot on Spring Cypress. The sergeant said he observed her speeding and driving the wrong way on Jackrabbit Road. He also suspected her of drinking and called a female deputy to administer the test. They agreed she failed a few clues, including the turn, but determined it was not enough for an arrest. Johnson was allowed to drive off with a warning for speeding.
"She's probably been drinking but not to the level of," the female deputy said.
Tuesday morning, Johnson scored very low (4 out of 18), court records state, on her second field sobriety test in as many months. Police believe she was under the influence of a controlled substance, not alcohol. She consented to a blood draw once at the Harris County jail. She was released on bond Tuesday afternoon.
RELATED: Judge stopped for reckless driving, suspected of drinking but given warning, according to recording
Johnson, who was elected to the 178th court in 2016, has presided over some of the highest-profile trials and made decisions about hundreds of defendants' futures.
"This is about people, the least among us," Defense attorney Gerald Bourque told ABC13 Tuesday night. "They're depending on judgement of a sober judge. This is not a small thing. This is serious. People go to prison on what she does."
In response, Johnson's attorney Christopher L. Tritico sent ABC13 the following statement:
Judge Kelli Johnson was not behind the wheel intoxicated. In fact, she voluntarily submitted to a breath test, which came back 0.0, or no alcohol.
This situation was not caused by an alcohol or drug abuse issue. The brief medical episode is being immediately addressed with her doctor. She asks for privacy while addressing this personal health matter.
Judge Johnson has served Harris County with distinction for more than 20 years, as a judge and former Assistant District Attorney. She looks forward to returning to the bench and continuing to provide respect, fairness, and justice to all who come before her.
Her first scheduled court appearance is July 2.
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