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Ftn. Hills councilman gets day in jail
McMahan enters guilty plea to DUI

Jessica Coomes The Arizona Republic Oct. 20, 2005 12:00 AM

FOUNTAIN HILLS - Town Councilman Keith McMahan will spend at least one day in jail after pleading guilty to driving under the influence.

A judge waived nine more days in jail if McMahan completes an alcohol education and treatment program at Dynamic Living Counseling, according to his plea agreement.

The councilman, who represented himself in court, also was ordered to pay more than $1,000 in fees and fines.

"I just said, 'That's it. Let's get it over with and get on,' " McMahan said of his plea agreement.

He plans to turn his experience into something positive by starting a taxi fund-raiser program after the holidays.

People who have too much to drink could give a donation to a community service club in exchange for a ride home, McMahan said Wednesday.

"It'd be a nice program, and it'd save a lot of problems," McMahan said.

The misdemeanor DUI charge came after a Maricopa County Sheriff's Office deputy pulled McMahan over June 28 for driving his Pontiac Grand Am erratically in downtown Fountain Hills.

His blood-alcohol content was 0.126 to 0.132 percent, according to an incident report. It is illegal to drive with a blood-alcohol content of 0.08 percent or higher.

The case was transferred to Scottsdale from Fountain Hills to avoid conflicts of interest.

McMahan originally entered a not guilty plea but then changed it.

Two related charges were dismissed in the plea agreement, including failure to drive on the right side of the road.

McMahan said he's going to set up his jail date and counseling times next week.

Fountain Hills Mayor Wally Nichols is out of town but said in July that Fountain Hills doesn't require dismissal of a council member who is convicted of a crime.

The 73-year-old was elected May 2004 in a close race.

He was one of the first residents of Fountain Hills when he came to the new development 1973.

For two decades he worked in advertising for McCulloch Properties, the company that started developing Fountain Hills. He now owns his own advertising and communications company.

Reach the reporter at jessica.coomes@scottsdale republic.com or (602) 444-6848.