A Charlotte judge has thrown out a driving-while-impaired case against a motorist because the magistrate who determined probable cause and set the conditions of the driver’s bond referred the accused man to his friend, an attorney.
It is the second case in which a DWI case has been thrown out because of referrals by magistrate Francis G. Beer to his friend, Charlotte attorney Harrell G. Canning.
District Court Judge Matt Osman threw out the most recent case on July 8 after hearing from Canning, Beer and the driver. Beer was under subpoena from the driver’s attorney. Canning said he came to testify voluntarily because he was aware of a pending motion to dismiss the case and understood “the portents of the underlying issue.”
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