Georgia sports fans may be familiar with Brandon Barden who is a tight end for the Titans. Back in February of this year, Barden was arrested after a single vehicle car accident. Barden’s SUV ended up going into a ditch and rolled over. As a result, he was charged with DUI.
When it came time for Barden to appear in court, the police officer that responded to the accident and arrested Barden for driving under the influence failed to appear in court. Therefore, the charges against the Titan’s player were dropped due to the “lack of prosecution.” If the arresting officer fails to appear in court, charges can be dismissed upon a motion by the accused individual.
In this case, Barden had an attorney present who gave the judge no other course of action but to drop the charges. The criminal case against Barden is now closed. The prosecution was not able to give any viable reason as to why the officer failed to appear other than a supposition that he had worked the graveyard shift the night before he was to appear in court.
Since Barden refused to give a sample for a blood alcohol test at the time of the accident, the officer’s testimony may have been the only evidence of DUI the prosecution had. Since it was the responsibility of the state of Georgia to prove the charges against Barden, when the officer failed to show up in court, the prosecution’s case fell apart. With the proper representation, Barden was able to avoid potentially having a DUI on his record.
Source: profootballtalk.nbcsports.com, “Titan’s DUI charges thrown out when cop doesn’t appear,” Darin Gantt, May 23, 2013