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A Hidalgo County prosecutor arrested by Palmview police for driving while intoxicated over a year ago is hoping to have the charges against her dismissed.
Beth Berg, her defense attorney and the arresting police officer Joe Loepz faced each other in court on Thursday.
Officer Lopez testified that the alleged incident occurred on June 30, of 2007 just before 3 a.m.
He told teh court that he nearly collided with Ms. Berg as she allegedly failed to signal a lane change and tried to enter U.S. Expressway 83 through a ramp.
During a traffic stop, Lopez said he noticed Berg had "red blood shot eyes and spoke with slurred speech" and that he smelled "an odor of an alcoholic beverage" on her.
According to court documents, Berg allegedly admitted to having "several glasses of wine".
Officer Lopez claimed prosecutor Berg refused any field sobriety tests stating she was a prosecutor and knew the law.
Her defense attorney, Rick Palacios tried to discount the officer's testimony telling the judge there was no evidence to back up his claims.
The dash camera in Lopez' police unit was inoperable at the time of the traffic stop.
"The dashcam would have recorded whether or not my client failed to lane change," Palacios told County Court at Law 1 Judge Rudy Gonzales. "It would have recorded whether or not my client came up on an off ramp, like he says. It would have recorded everything. But nowhere other than what this gentlemen testified to do we have to corroborate what he stated here today."
Palacios went on to say, "He (the officer) also stated in court several inconsistencies judge and again I submit to the court today that we provide sufficient evidence and that the case should be dismissed and that suppression should be granted."
Following closing arguments, Judge Gonzales announced that he would render a decision on this case by the end of next week.
Both Berg and Palacios both declined a request for an on-camera interview.
Hidalgo County District Atttorney Rene Guerra had no comment on Thursday but did confirm to Action 4 News that Berg had submitted her resignation.
