So says Erie County Judge John Garhart who Tuesday threw out evidence against Corrine Breon, an Erie woman arrested after city police say she drove with a blood-alcohol content three times the legal limit on Jan. 16, 2010.
Breon was charged by Erie police after she was first stopped by a U.S. Border Patrol agent.
The Erie Times-News say the agent followed Breon after she allegedly ran him off the road. The agent blocked Breon from exiting her driveway and used his emergency lights before calling police.
County prosecutors say the charges should stand because Erie police based the arrest on their observations, but the judge agreed with her attorney that the illegal stop nullified the later evidence.
