Beloit A DUI charge against Mitchell County Sheriff Doug Daugherty could be dropped after a district judge on Friday ruled breath test results in the case were inadmissible.
Saline County District Judge Dan Boyer's decision upholds an earlier ruling by a magistrate judge who determined Kansas Highway Patrol troopers didn't follow proper procedure last November following a motorcycle accident involving Daugherty.
Daugherty was charged with driving under the influence after his motorcycle slipped on some grass in an alley and fell on top of him. He wasn't on duty at the time and he told troopers he had had two beers earlier.
Magistrate Judge John Eyer said a preliminary breath test was inadmissible because troopers didn't monitor Daugherty for 15 minutes before the test. A nurse who was with Daugherty when he came to Mitchell County Hospital for treatment on his shoulder said she was with him during that 15 minutes and he didn't drink anything.
Without the preliminary test results, Boyer said, there was no probable cause for authorities to conduct a blood alcohol test on Daugherty at the hospital.
Daugherty's attorney, Joe Allen of Minneapolis, told The Salina Journal that Boyer's decision should force officials to drop the charges. Cloud County Atty. Robert Walsh, who is handling the case, does not have a listed telephone number.