Judge upholds dismissal of DWI charge against Tim Newman

CHARLOTTE, N.C. — For a second time, a judge has dismissed DWI charges against Tim Newman.

The former head of the Charlotte Regional Visitors Authority was arrested in May 2012 and charged with drunken driving. State troopers said his blood-alcohol level was .14 percent, nearly twice the legal limit. A driver on Interstate 77 also told police her car was hit by Newman's, who allegedly drove off.

His attorneys argued successfully that once a magistrate at the Mecklenburg County Jail approved his release, he should have been free to go. Instead records show he was held for three more hours. Attorney Brad Smith said that violated Newman's rights.

"He did not have the ability to obtain tests, to obtain witnesses to support his innocence," Smith said.

Last fall a district court judge dismissed the charges against Newman for the same reasons.

On Thursday, prosecutors went before a superior court judge to appeal that ruling. They lost. The district attorney can appeal again to the North Carolina Court of Appeals. They have 10 days to decide whether to challenge the rulings again.

A separate charge of hit-and-run remains open against Newman, who declined Thursday to answer questions about whether he was impaired at the time of his arrest.

WSOC