Prosecuters in Johnson County, Texas have decided to drop open container and drunk driving charges filed against a judge from a neighboring county.
The decision comes after an appeals court in Waco upheld a lower court ruling that blood test performed on Tarrant County State District Judge Elizabeth Berry would not be admissable.
Judge Berry was stopped on Interstate 35W last November and misdemeanor DWI charges were filed based on blood test results from samples drawn tthree hours after the stop.
Senior Judge Robert Dohoney threw out the samples saying that the reasons cited in the arresting officer’s report were not sufficient to support the warrant that allowed the sample to be drawn.
Prosecuters in the case have refused to release the result of the blood alcohol tests.
Judge Berry currently presides over Criminal District Court Number 3 in Tarrant County, but will leave the bench at the end of her term next year. She has said that she will not seek re-election.