A DUI case involving local Assistant District Attorney Michael Bankston is being dismissed, according to an administrative dismissal report from the State Court of Mitchell County.

On Dec. 16, 2015, Bankston’s vehicle was hit by a Sysco Gulf Coast tracker trailer running a red light at the intersection of Ga. Hwy. 300 and Ga. Hwy. 93 in Mitchell County.

The Georgia State Trooper on scene noticed Bankston’s eyes were red, his speech was slow and there was an odor of alcohol. He was arrested and breathalyzed four hours after the accident, blowing a .058 twice.

“The report does not provide any indication that Mr. Bankston was driving erratically, recklessly or in an unsafe manner at the time of accident,” the dismissal report reads.

Because there is no other evidence to indicate he was intoxicated or impaired in any way, because he had the right of way during the accident and was not at fault and because his breathalyzer test was below the legal limit of .08, the investigation of the case was terminated and further prosecution for the case was dismissed.