Channel 2 Action News has learned what got the Fulton County elections director's probation revoked.

Sam Westmoreland is serving a 10-day sentence and there's concern his incarceration could adversely affect the November election.

Channel 2's Tom Jones obtained documents and dash-cam video that shows Westmoreland being arrested by Alpharetta police on drunken driving charges in September 2009.

Video shows Westmoreland weaving in his lane on Georgia 400. Blood tests later found he had several prescription drugs in his system, including Xanax.

Westmoreland pleaded guilty and was placed on 12-months probation in July of 2011.

A year later, days before the July 31 primary election that had one problem after the other, a judge revoked Westmoreland's probation because he hadn't completed DUI school, a Mothers Against Drunk Driving course and he never completed 40 hours of community service

The judge sentenced Westmoreland to 10 days in jail, but according to court documents, held off on sending him to jail immediately because he wanted to prevent a hardship on voters.

So the judge ordered Westmoreland to turn himself on Sept. 14.

No one would make Westmoreland's bosses, the Registration and Elections Board, available to discuss if it knew about Westmoreland's revocation or that he was in jail.

Fulton County Chairman John Eaves said he knew nothing about Westmoreland's legal troubles.

"It's disappointing. I'm sorry he's gotten himself into this hole," Eaves said.

Eaves wanted to assure the public that the county and the Board of Elections are working to make sure, with Westmoreland in jail, the November presidential election goes off without a hitch.

"And I'm going to be as engaged as possible to make sure there's a seamless process between now and Election Day," Eaves said.

Westmoreland is now being held in the Alpharetta jail, although the judge's revocation order indicated he must serve his sentence in the Fulton County jail.

Meanwhile, the Board of Registration and Elections has set a special called meeting for Monday to explain how it will move forward in light of Westmoreland's legal troubles.

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