Moore said that without the blood test result he would be unable to prove the charges against Judge Berry beyond all reasonable doubt.
Judge Berry was stopped for driving in excess of 20 miles over the posted speed limit. The arresting officer noted an odor of an alcoholic beverage on her breath. He also stated she appeared confused and that he saw eight beer cans in the car.
Judge Berry refused to perform roadside coordination exercises and refused to blow into the breath test machine. She later refused to submit to a blood test leading up to the warrant for a forced blood draw being issued.
I find it curious that the County Attorney would dismiss a case simply because he had no chemical test. There are refusal cases tried in Harris County every day. Did Mr. Moore forget he had three ways to prove intoxication (as every prosecutor points out during voir dire)? Or was it the final act in a case of professional courtesy?