Prosecutors: Contempt conviction of officer causes dismiss of DWI charge against woman wearing only a bra

CHARLOTTE, N.C. — Prosecutors say the contempt conviction of a UNC Charlotte police officer forced them to dismiss a drunk driving charge against a woman who was found in her car on campus wearing only a bra.

The woman had a blood-alcohol level of .23, almost three times the legal limit, when officers found her behind a utility building in May of 2009.

Her attorney argued that she had been drugged and may have been sexually assaulted and that she was not responsible for her behavior -- including the drunk driving.

The case came to trial in December but took an unexpected turn when one of the officers who investigated the case, Officer Kim Church, first denied, then admitted scribbling a critical note during a pretrial hearing. The judge found her in contempt and prosecutors said in their dismissal that they could no longer rely on her testimony to make their case.

"The state's case is substantially weakened since the District Attorney's Office cannot call Officer Church to testify in light of her prior untruthfulness under oath," prosecutor Steve Sellers wrote.

The attorney who represented that driver said Monday she is glad the case is behind her.

"I think more than anything it's probably an overwhelming sense of relief -- this has been a burden for her for a long time," said Bill Powers.

Powers said they still do not know if the sexual-assault case will be investigated and he won't rule out the possibility that they would file a lawsuit.

UNC Charlotte Police have cited Church for termination and are waiting for the results of a review board to find out if she will be fired.