Associated Press

COLUMBIA, S.C. (AP) — State Rep. Ted Vick’s trial on a charge of driving under the influence has been delayed.

The State of Columbia reports that a judge ruled Wednesday that attorneys from the state Department of Public Safety had no authority to prosecute the case. DPS says it will appeal.

The Chesterfield Democrat was arrested in May after a Bureau of Protective Services officer saw him stumbling as he walked into a Statehouse parking garage. Vick got into his car and hit a cone before the officer could ask him to stop.

Authorities say Vick smelled like alcohol and refused field sobriety tests. But Vick’s lawyer said he wasn’t impaired and had a rock in his shoe.

Vick was arrested in May 2012 for DUI. That case is still pending.