DUI's dismissed due to lack of evidence
</element><element id="paragraph-1" type="body"><![CDATA[CHESTER?- Recently, the Randolph County State's Attorney Randy Rodewald held a press conference to announce the dismissal of six DUI cases due to lack of evidence.
The DUI?cases that were dismissed are:
Amy Cowan - Lack of evidence. Judge has ruled motion to suppress and quash arrest. It was granted due to no probable cause.
Gary Middendorf - Lack of Evidence. Judge has ruled on motion to suppress and quash arrest.?It was granted due to no probable cause.
Jon?Parsons - defendant blew an .062 and the law is .08.
Kelly Knop - Lack of evidence. Judge has ruled on motion to suppress and quash arrest. It was granted due to no probable cause.
Ralph Lewis - defendant blew an .069 and the law is .08.
Ricole Shawgo - defendant blew an .064 and the law is .08.
"The defendants were arrested even though they blew under the legal limit. These arrests were made by different officers within different agencies," stated Rodewald. "I have talked to the chiefs of these officers and told them their officers need more training. The response from the chiefs was well received. Since the conversations I had with them last month, the matter appears to be resolved," he added.
At the press conference, Rodewald presented a video, from a police dash cam, of one of the cases. The video showed a female getting pulled over and for speeding, 61 mph in a 55 mph zone. Once pulled over, she was prompted to take a field sobriety test. She took the test on a dark, gravel road. The female opted to take the test barefooted instead of in her high heels.
"Once the test was completed the officer told her she had to take a preliminary breath test," stated Rodewald. "She asked the officer, 'Do I have to take the test', and was told if she didn't take the test she was going to jail. She shouldn't have been told that," Rodewald added.
The judge reviewed the video and threw the case out on the basis of no probable cause, the female did pass the field sobriety test and should have never been made to take the preliminary breath test, in which her result was a .083.
According to Rodwald the county handles more than 300 DUI cases annually.
"My job is to give justice, look at the evidence and go forth, we prosecute everyone fairly," stated Rodewald.