The defendant was charged with Over 80. At the end of the trial, I made three separate arguments regarding the sufficiency of the evidence led by the prosecution. The arguments included the fact that the prosecution did not lead evidence of the wording of the breathalyzer demand, that there was a malfunction in the operation of the breathalyzer and that the arresting officer had not used the roadside screening device properly. After a brief recess, the prosecutor invited the judge to dismiss the charge. The judge accepted the invitation and dismissed the charge.
