Michael Cross was cleared of the charge Friday in a Fulton County courtroom. Judge Patsy Porter ruled that the officer who arrested him didn't have probable cause because he didn't witness Cross driving erratically and because he detained Cross first, then asked questions later.
Cross was arrested in February 2013, after a witness told police he was driving erratically in Forsyth County.
Police say they pulled Cross over, smelled alcohol coming from the SUV and saw his unrestrained 7-year-old son sitting in the back seat. Cross refused to take a Breathalyzer test and told police they had no reason to pull him over.
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