RALEIGH - A Wake County district judge on Wednesday found Apex Councilman Scott Lassiter, 24, guilty of driving while impaired.

Lassiter's attorney James Crouch said he immediately filed a notice of appeal.

Crouch said he plans to bring forward an expert witness in Wake County Superior court to testify that Lassiter's medical condition: gastroesophageal reflux disease, or GERD, skewed the chemical analysis with a false high.

Lassiter was arrested about 12:15 a.m. in Garner on his way home from an N.C. State fundraiser on Feb. 13.

A state trooper observed Lassiter lose control of his vehicle and land in a ditch. The trooper noticed Lassiter was "glassy-eyed" and smelled alcohol on his breath.

At the station Lassiter was tested with an EC/IR-II chemical analysis machine and had an alcohol concentration of .11, according to court records. The legal limit is .08. He was also cited for failure to maintain lane control.

Lassiter has denied being intoxicated.

"Based on what he had consumed that night he was puzzled by the fact that he had registered a .11," Crouch said.

At Crouch's recommendation Lassiter went to see a specialist two weeks after the arrest and was diagnosed with GERD, Crouch said.

GERD occurs when stomach acid goes up into the esophagus, according to the International Foundation for Gastrointestinal Disorders.

Experts were not presented in court Wednesday, because it was cost-prohibitive, Crouch said.

Lassiter, a teacher in Johnston County, could not afford to pay for expert testimony twice, Crouch said.

Wake County District Judge Keith Gregory, said based on the evidence he was finding Lassiter guilty of the DWI.

Lassiter was sentenced to 30 days in jail. That sentence was suspended for 12 months unsupervised probation, $100 fine and 24 hours of community service.

Because an appeal is filed, Lassiter's sentence is stayed pending a superior court's decision, Crouch said.

Crouch highlighted his client's achievements during the sentencing and said he was pleased Lassiter received the minimum sentence.

Lassiter is the youngest councilman in recent memory elected to the Apex Town Council. He was elected with about 27 percent of the vote and was the top vote-getter.

"The most important thing is that his constituency, those who voted for him and put him in office, knew about the DWI," Crouch said.

However, Lassiter did not post his DWI on his campaign website and it was not included in his campaign mailers. Instead, Lassiter said he was open with voters who asked about the charges.

Gregory acknowledged Lassiter's accomplishments.

"I have not done as much as you have at the age of 24," Gregory said. "Be that as it may, the court is going to treat you the same as everybody else."