Case dismissed against school bus driver accused of OVI in Upper Arlington

A previous report can be seen in the player above.

UPPER ARLINGTON, Ohio (WCMH) -- Charges against a school bus driver accused of operating her work vehicle impaired have been dismissed, court representatives confirmed Friday.

Franklin County Municipal Court Bailiff Cassie Martin said the Upper Arlington Schools driver, who was arrested in November on suspicion of operating a vehicle impaired, was no longer facing any charges.

"It looks to me like the defense attorney requested the case be dismissed on an oral motion and the judge approved it," Martin wrote.

Court documents showed the defendant's attorney asked for a Rule 29 motion, which means they don't believe the evidence a prosecutor presented is enough to get a conviction. Unlike a recent appeals court decision on cellphone usage in cars, the prosecutor holds the burden of proof.

With Rule 29, the court has to order a judgment of acquittal, and Judge Bill Hedrick ultimately dismissed the case as a result. While the case made its way through court, Upper Arlington Schools Superintendent Bob Hunt said the driver had been placed on leave and was no longer performing duties during the investigation.

A released incident report from the arrest accused the driver of failing multiple field sobriety tests at the time. Upper Arlington police originally investigated after students told them she was driving the bus erratically from the district's high school to Fort Hayes.