The recently departed head of the Hennepin County public defender's office has been cited for drunken driving, according to recently filed court records.

Police stopped Kassius Benson in his pickup truck in Wayzata about 2:15 a.m. Oct. 15 as he drove east in the westbound lanes of Hwy. 12, according to a citation filed later in the month.

The stop occurred two days before Benson announced his resignation as chief public defender amid a federal investigation into allegations of tax evasion.

The officer noted in the citation that the 51-year-old Benson's eyes were bloodshot and a "moderate odor of alcohol" was detected on his breath.

After his arrest, a breath test measured his blood alcohol content at 0.14%, nearly twice the legal limit for driving in Minnesota, the citation read.

Benson, who lives in Plymouth, was booked at the Wayzata Police Department and released "to a responsible party," the citation continued.

In a civil court filing, Benson argued that "the police officers did not have reasonable suspicion or probable cause to believe [he] was driving ... while under the influence of alcohol."

He went on to contend that the breath test "was the result of a warrantless search and seizure" and therefore unconstitutional.

Messages were left Tuesday seeking his response to the allegations. He is due in court Dec. 5, with a Ramsey Court judge taking on the case in order to avoid the appearance of a conflict of interest, given Benson's time as a public defender.

The drunken driving stop meant Benson lost his driving privileges for the time being, prompting his civil court filing.

Along with two counts of misdemeanor drunken driving, Benson was charged with misdemeanor careless driving and a petty misdemeanor of driving the wrong way on a one-way street.

On Oct. 17, Benson sent emails to staff and State Public Defender Bill Ward announcing his resignation. He pointed out that "personal issues involving matters outside of my position … will likely distract from the great work that we have accomplished."

In August, it became public that Benson was under investigation into whether he failed to pay federal taxes withheld for employees at his private Minneapolis-based criminal defense firm, Kassius Benson Law.