Prosecutors have dismissed drunken driving charges against a prominent Albuquerque defense lawyer after a judge found his arrest was unconstitutional and threw out key evidence.
David Serna had been set for a trial Monday in Metropolitan Court on one count of drunken driving. Instead, the trial was vacated and the state filed documents saying it was unable to proceed based on the judge’s decision.
In January, an officer saw a seemingly intoxicated Serna in the Whole Foods parking lot and helped him request an Uber, according to court documents. But about 30 minutes later, the officer saw Serna’s vehicle leaving the parking lot and pulled it over.