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Del. Herman L. Taylor Jr. (D-Dist. 14) was handcuffed and arrested in the parking lot of a Silver Spring 7-Eleven in May on alcohol-related charges, according to a police report and his attorney, who says the legislator is "absolutely, unequivocally innocent."

Taylor's trial is set for Oct. 24 in Montgomery County District Court. He is charged with "driving, attempting to drive" while under the influence and while impaired by alcohol.

He was cited in the 10200 block of New Hampshire Ave. at approximately 3:30 a.m. on May 1 in the parking lot of the Hillandale 7-Eleven after falling asleep behind the wheel of his idling Cadillac, according to the report.

Attempts to reach Taylor, 41, of Ashton, for comment Tuesday were not successful.

Taylor's attorney, John Patrick Kudel of Rockville, said Taylor maintains his innocence.

"There was no Breathalyzer, no field sobriety test and no driving," Kudel said.

Kudel explained that Taylor was driving home from a social event in southern Prince Georges County in the early hours of May 1 and was tired. He had consumed one alcoholic drink earlier in the evening, Kudel said.

Taylor pulled in to the parking lot of a 7-Eleven to buy coffee, but fell asleep in his white 2008 Cadillac Escalade, Kudel said.

A police officer saw Taylor sleeping and knocked on his window, Kudel said.

"One thing led to another and he was in handcuffs," Kudel said. Taylor was taken to the county's 3rd District police station in Silver Spring, where he was charged, then "discretionarily released," Kudel said.

A copy of the police report says the officer, Peter Johnson, knocked on the window of Taylor's vehicle, which was still running, but he did not wake. Johnson opened the driver side door and tapped Taylor on the shoulder, but Taylor still did not wake.

Johnson shook Taylor, and Taylor finally awoke, according to the report.

The officer reported smelling alcohol in the car and on Taylor, and Taylor acknowledged drinking one beer earlier in the evening, the report states.

Johnson administered the horizontal gaze nystagmus test, a DUI field test which Taylor failed, and then administered the walk-and-turn field sobriety test, during which Taylor could not maintain his balance, according to the report.

Taylor then refused to participate in any more field tests, and refused to take a preliminary breath test, at which point he was taken into custody and brought to the station, the report states.

Taylor submitted to a breath test at 5 a.m. at the Silver Spring station that resulted in an "insufficient breath" refusal, and Taylor was sent home in a taxi, according to the report.

"We're preparing for trial," Kudel said. "From my perspective, this is a very defensible, winnable case."

In the Maryland House of Delegates, Taylor was a member of the alcoholic beverages workgroup from 2003 to 2006.

Taylor has sponsored or co-sponsored several bills targeting drunk drivers, including one in 2006 that would have required repeat DUI offenders to have a special license plate. That bill did not pass the House Judiciary Committee.

Seth Zucker, a spokesman for the Montgomery County State's Attorney's Office, said Taylor's case will be handled by the Howard County State's Attorney's Office.

"It's to avoid the appearance of impropriety" because Taylor is an elected official, he said.

Dels. Karen S. Montgomery and Anne R. Kaiser and Sen. Rona E. Kramer, all Democrats, also represent District 14, which covers much of northern Montgomery County, including Ashton, Brinklow, Brookeville, Burtonsville, Calverton, Cloverly, Colesville, Damascus, Fairland, Goshen, Laytonsville, Montgomery Village, Olney, Sandy Spring, Silver Spring, Spencerville and Sunshine.