A judge who threw out key blood evidence from a drunken driving charge against state District Judge Elizabeth Berry has granted a prosecutor's request to dismiss the case.
In a statement issued Wednesday, Johnson County Attorney Bill Moore said he had no case without blood evidence that retired Senior Judge Robert Dohoney ruled inadmissible in January.
Dohoney dismissed the case Tuesday.
Berry was charged with misdemeanor drunken driving in November after the Tarrant County judge was pulled over for speeding. Police say her breath smelled of alcohol and there were empty beer cans in her car.
Dohoney ruled there wasn't enough probable cause for the blood test that showed her blood-alcohol level was above the legal limit of .08.