TITUSVILLE, Fla. -- Taking the stand on Thursday for the first time, embattled state Rep. Bob Allen said he only mentioned he was a lawmaker to Titusville police officers in the context of what to do with his car after his July 11 solicitation arrest.

But those officers and the assistant state attorney argued during the pretrial hearing that the seven-year legislator raised his political position as a way to avoid prosecution on the sex charge, Local 6 News partner Florida Today reported.

Brevard County Court Judge Oscar Hotusing now must determine the context of Allen's statement, the wording of which has been hotly disputed, and whether it should be allowed in the lawmaker's Nov. 5 trial on one misdemeanor count of solicitation for prostitution.

"It's something that I will have to give a lot of thought. It's a major issue to both sides," said Hotusing, who did not say when he would rule.

In other action during Thursday's hearing, Hotusing ordered the trial moved to the Harry T. & Harriette V. Moore Courthouse in Viera.

The judge said he made the decision because Viera provides access to a larger pool of jurors.

The judge also tossed out evidence regarding $800 that Titusville Police Officer Daniel Kavanaugh found in Allen's car while taking an inventory before driving it to the police station.

Prosecutors had argued the money was relevant because Allen only had $2 and some change in his pocket when he allegedly agreed to pay an undercover officer $20 for a sex act in a men's room at Space View Park.

The prosecution said it feared that Allen's attorney would emphasize in the lawmaker's defense that Allen didn't have $20 on him.

Hotusing called the eight $100 bills "not relevant by any means." A solicitation charge isn't contingent upon the suspect being able to pay.

During his testimony, Allen claimed he told Cpl. Erich Barrett about being a lawmaker because officers would see his special license plate in the rear window of his Toyota Avalon when they moved it to the Titusville police station.

"I don't know if it makes any difference but once you get to the car you will see I'm a state legislator," Allen quoted himself as saying.

He denied trying to use the position to sway police.

"I took overt efforts not to be arrogant or anything about my position," said Allen, whose fellow lawmakers were hunkered down in Tallahassee on Thursday for the second day of a special tax-cutting session.

Barrett and Kavanaugh testified that they heard "I don't suppose it would help if I said I was a state legislator." Both admitted they were paraphrasing the statement.

Barrett said Allen's comment did not come up during the talks about moving the car from the park, which the officers were watching because of burglaries.

"Based on how I took it, (the statement) was because of his arrest. The conversation was not about his car at all," he said.

Assistant State Attorney Pat Whitaker said the exact wording did not matter: The statement indicates a "consciousness of guilt," he said.

Allen's attorney Greg Eisenmenger disagreed and questioned the officers' credibility.

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