LINCOLN, Neb. (AP) — A Nebraska judge threw out a drunken driving case earlier this month because the arresting officer didn’t have enough evidence to begin with.

The decision allows Randall Mansfield to avoid a possible fourth driving while intoxicated conviction for the December 2013 incident.

Defense attorney Mark Rappl says the officer rushed to judgment about his client. Mansfield doesn’t deny that he was drinking that night, but he says he wasn’t driving.

Mansfield was running from his truck to a car that was giving him a ride when the officer encountered him. The officer thought Mansfield was running from him when he started talking to him.