A Panama City judge has thrown out of drunken driving manslaughter case against an Illinois man after discarding his blood alcohol test.
Circuit Judge Michael Overstreet accepted a defense motion to end the prosecution of Robert Fabsits.
The 23-year-old man did not consent to the blood alcohol test, and there was no probable cause to test him after a collision with a drunken motorcyclist.
Fabsits turned in front of a motorcycle driven by Mark Zimmer. His wife Lisa Zimmer was thrown and died a short time later. Zimmer had a blood-alcohol level of .14
Fabsits' result was .08. That is the legal minimum in Florida to be convicted of drunken driving.