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A judge has dismissed a case against a Bozeman woman accused of driving drunk and running down a pedestrian who was walking home from work on a Belgrade road in November 2008.

A charge of vehicular homicide while under the influence against Lora Whitmore, 31, was dismissed in an order filed Wednesday afternoon by Gallatin County Judge John Brown. Brown ruled that it could not be proven that Whitmore was drunk the night she reportedly struck and killed Chong Suk Everett, 56. That was the only charge Whitmore was facing in the case involving the fatal crash.

Gallatin County Attorney Marty Lambert said in an email Wednesday that he will not file different charges in the case.

"As I set forth in my motion, the State of Montana lacks any proof that defendant's driving was impaired due to consumption of alcohol. There will be no further charges," he wrote in the email.

Lambert said he will not file further charges, despite the fact that the judge "dismissed the information without prejudice which means that the State could file different charges," Lambert wrote in the email.

"I appreciate the thorough manner in which Judge Brown addressed the issues raised by my motion," he added.

In August, Lambert filed the motion, saying he did not have a case because he can't use evidence proving Whitmore was legally drunk during the crash that killed Everett. Brown ruled in March that Whitmore's blood alcohol level, which was nearly twice the legal limit at .14, 90 minutes after the crash, would not be allowed in court because it was taken without her consent. The court suppressed all evidence related to her blood tests as well as statements Whitmore made after she was placed in the investigating officer's patrol car.

"Due to the Court's Order suppressing evidence, the State contends that it has no admissible evidence of Ms. Whitmore's alcohol concentration as show by the analysis of her blood. Therefore, the State contends that it lacks the ability to prove a crucial element of the charged offense, Vehicular Homicide While Under the Influence, a Felony," the judge's order states.

Because the case against Whitmore hinged on "tainted blood evidence" that cannot be used, the State admitted it no longer could prove beyond a reasonable doubt that Whitmore caused the death of Everett while operating her vehicle under the influence of alcohol, according to court documents.

At Whitmore's April 2009 arraignment, her attorney called Everett's death an unfortunate accident and said his client felt overwhelming remorse for the victim's family. Whitmore, an MSU chemical engineering student was visibly upset in court that morning as she pleaded not guilty to the charge.

A call has been placed to Whitmore's attorney and an email has been sent to Lambert seeking comment on the judge's ruling. More details will be provided as they become available.

(Photo of Whitmore from earlier court appearance)