Charges of drunken driving were dropped against a 54-year-old Dana Point woman after it was determined she was "not lawfully arrested."

According to the Newport Beach officer's report, the woman was stopped in March 2009 for having a broken rear license plate light.  The arresting officer (a second officer was waiting in the patrol car) indicated he observed the objective symptoms of intoxication, including the odor of alcohol and bloodshot eyes, while speaking with the woman.  A breath test subsequently yielded a .12 blood alcohol level and the woman was arrested for suspicion of driving under the influence. 

As discovered during DMV proceedings, however, the patrol car's own video "clearly demonstrated" the light was on and functioning properly.  No probable cause, thus, existed for the stop making the arrest unlawful. 

While comments are not forthcoming from city officials, the city did agree to reimburse the woman for her attorney's fees and towing costs.