I don't know if they will just throw it out. Im sure if he went to court and fought it, it will probablly get dropped if they didn't do a test to prove he was under the influence. A buddy of mine got his careless driving ticket dropped when he crashed his car into a pole going a "little" fast, and the cop said that if he went to court the would probablly drop it. So whoknows call one of those ticket fighters or take it to court
