Related articles:

Prosecutor seeks to drop DUI charge against Tucson judge

Other articles by Kim Smith:

Mistrials occur for numerous reasons; who might be at fault isn't predictable Man gets 10 years in stickup, ATM theft Deal means 17 1/2 years, max, in rapeAjo man, 19, is indicted in rape, killing of girl, 7 After 20 years on death row, he's free 3 arraigned in killings of girl, 9, fatherIndictment: Slain Ajo girl was raped, stabbedTucson man who killed mom gets 25-to-life in state hospitalWoman admits to role in killing of Tucson cabbie Judge rejects effort to silence Hermitage criticism

Trades/Construction
RANCHO RESORT
MAINTANANCE POSITION Administrative & Professional
Jorgensen Brooks Group
Counselor Administrative & Professional
Tucson Urban League
CEO/President Mechanical
Komatsu Equipment Co
Resident Field Mechanic Sales and Marketing
Everready Glass
Sales Reps Finance and Accounting
Charles E. Gillman Company
Accounting Specialist

A city prosecutor has asked for the dismissal of the misdemeanor driving-under-the-influence case filed against Judge John F. Kelly.

According to court documents, prosecutor Laura Brynwood said there is insufficient evidence to prove the Pima Superior Court judge is guilty of the crime.

Kelly, 65, was stopped at a sobriety checkpoint about 9:25 p.m. Dec. 5 at East Sunrise Drive and North Suncrest Place, near North Craycroft Road.

He was given a misdemeanor DUI citation and ordered to appear in Pima County Justice Court Jan. 2.

Defense attorney Michael Bloom said his client's blood alcohol level was below the legal limit of 0.08, and there was no evidence of improper driving by the judge.

"I was confident that the blood-alcohol test would exonerate Judge Kelly and am glad that it proves that Judge Kelly was completely innocent," Bloom said.

Assistant city prosecutor M.J. Raciti said it has long been the Tucson city prosecutor office's policy not to pursue DUI charges if the driver's blood alcohol content is below the legal limit, if no accident has occurred and if it is the driver's first DUI offense.

Kelly's blood alcohol level was 0.063, Raciti said.

The final decision as to whether the case will be dismissed rests with the judge assigned to the case, Raciti said.

The case is currently assigned to Justice of the Peace Keith Bee.

The City Prosecutor's Office got the case because the Pima County Attorney's Office had a conflict of interest, Raciti said.