NORFOLK, Va. (AP) — A judge has overturned Norfolk Commonwealth’s Attorney Greg Underwood’s drunken driving conviction.

Media outlets report that Circuit Court Judge Charles S. Sharp on Monday found Underwood not guilty of the charge.

But Sharp found Underwood guilty of improper driving and refusing to take a breath test. The judge suspended Underwood’s driver’s license for a year and fined him $50.

A state police trooper arrested Underwood on Oct. 23, 2012, after he saw the prosecutor’s vehicle exiting Interstate 264 through a work zone in Norfolk. The trooper had testified that Underwood smelled of alcohol, had slurred speech and stumbled.

Underwood had been convicted on the charges in Norfolk General District Court in April. He appealed the case to circuit court.

Sharp was brought in from Stafford County to hear the case.

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