Ex-O.C. Judge Must Stand Trial in DUI Injury Case

Theodore E. Millard, former presiding judge of Orange County Superior Court, was ordered Monday to stand trial on charges of drunk driving and severely injuring a motorcyclist in a December 2003 collision.

Los Angeles Superior Court Judge John A. Torribio ruled there was enough evidence for a trial to proceed and set arraignment for Nov. 17 in a Norwalk court. He denied a defense motion to dismiss the case on grounds that the prosecution had destroyed evidence.

Millard, who is free on his own recognizance, waived his right to be present at the arraignment and will be represented by attorney Allan H. Stokke.

He is charged with two counts of drunk driving and faces up to six years in prison if convicted, said Patricia Kelly, Los Angeles Superior Court spokeswoman.

Police said Millard had a blood-alcohol level of 0.11% when he was driving a Ford Explorer Dec. 5, 2003. The legal limit is 0.08%.

While trying to turn into a gas station in Orange, Millard’s vehicle collided with a motorcycle ridden by William Payne, 52.

Payne was thrown from the motorcycle, shattering a thigh bone, dislocating his right wrist and breaking his breastbone and left forearm.

Payne lost his construction job because of the injuries, his attorney said.

Millard, named Orange County Superior Court’s top judge in 1996 and 1997 by his peers, is now an alternative dispute resolution judge.