Howard Cain

Huntsville City Attorney Howard “Rusty” Cain pleaded guilty on June 27 to a driving while intoxicated charge stemming from an incident last October.

Cain, 74, entered the plea in Springdale District Court ahead of his originally-scheduled July 5 appearance. He was sentenced to 30 days in jail, with one day credit for time served and 23 days suspended under stipulation that no similar offenses be committed for one year, leaving a six-day jail commitment to be served. He was also ordered to pay a fine of $2,375, in addition to a $300 court cost, a $20 city jail fee and a $20 county jail fee, totaling $2,715, though documents show that the order was later adjusted and a refund for $1,715 was ordered.

Cain was arrested on Oct. 19 after state police responded to an area on Wagon Wheel Road in Springdale. According to a probable cause report provided to The Record by the Washington County Sheriff’s Office, police reported that Cain’s vehicle weaved and nearly struck another vehicle near the Don Tyson Parkway Overpass. The officer reported that Cain had bloodshot eyes “and smelled of intoxicants,” and that Cain was “very wobbly” and had to be helped numerous times to prevent him from falling down. The report states that Cain failed sobriety tests and yielded a .19 – more than twice the legal driving limit – on a portable breath test.

An inventory of Cain’s vehicle resulted in the discovery of a loaded .38 Special revolver in the console. Cain was arrested and transported to the Washington County Jail, where he was initially charged with his second DWI, careless driving and carrying a prohibited weapon. Documents provided to The Record by the Springdale District Court last week do not mention the charges of careless driving and carrying a prohibited weapon.

The incident was the second time in just over three years that Cain was arrested for driving while intoxicated. The first arrest occurred on Sept. 18, 2014.

Cain has served as the City of Huntsville’s attorney since 1973. He did not return messages seeking comment by press time Tuesday.

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