When the case finally went to trial last December, Magistrate Tim Halloran threw out the charges. He said he did it to punish prosecutors, because they forgot to bring a West Virginia State Police sergeant to the hearing.

Kanawha Circuit Judge Duke Bloom reversed Halloran's decision a couple months later, but said prosecutors couldn't use a Breathalyzer test as evidence. At the time, Charnock said his office still had a good case against Whittaker.

But on Oct. 26, Halloran granted Whittaker's motion to suppress results from an eye test and a walk-and-turn exercise, which prosecutors planned to use as evidence.

Whittaker's attorney, Carter Zerbe, argued that the tests do not show the entire picture.

He argued that the eye test, called a horizontal gaze nystagmus test, is about 60 percent accurate. Also, he argued that because Whittaker is 50 pounds overweight and has a back injury, the walk-and-turn test results were flawed.

In July, Whittaker pled guilty to another DUI offense in Raleigh County. He was given five days of home confinement.

The charges in Kanawha and Raleigh counties were first-offense DUI, because Whittaker had not been convicted of DUI at the time of either arrest.

This is cache, read story here