DWI charges dismissed against former state Rep. Nick Mackey

CONCORD, N.C. — Drunken driving charges against former North Carolina state Rep. Nick Mackey have been dismissed.

Mackey exclusively told Channel 9 he is planning to ask federal agents to investigate the Concord Police Department.

Concord police Officer Jason Eschert pulled Mackey over for an expired tag in December 2011. The officer also ran Mackey's license and told him it had been revoked.

In the dashcam video, Eschert is heard asking Mackey, "Do you know your license is revoked?"

Eschert also told Mackey that based on what was in the system, he was going to arrest him. Mackey explained that he was never notified about his licensed being revoked. Mackey told the officer he had received two tickets in Raleigh and Durham but had paid them in person. Shortly after, Eschert asked Mackey if he had been drinking.

Mackey responded, "No sir, nothing at all. Like I said, I was a police officer I'm an attorney now. I just ask that you would give me a ticket. I didn't get a notice about traveling on a revoked license."

Eschert asked Mackey to take breath and field sobriety tests. Mackey refused.

On the dashcam video, Eschert said, "I can smell and it's the difference of trying to determine if it's your mint or alcohol that I'm smelling, OK?"

"Well, I mean I'm not going to take whatever you want me to do. I'm not going to do that," Mackey said.

Mackey was arrested and given a blood test at the emergency room.

The results showed his blood alcohol content was 0.01 percent. The state later retested Mackey's blood for drugs and found nothing. Both factors led the Cabarrus County District Attorney's Office to dismiss the case last week.

Mackey believes the dashcam video also contradicts the officer's report which stated Mackey "had the odor of alcohol coming from his breath," "was unsteady on his feet" and was "rambling with his speech."

"I was just shocked that an officer of the Concord Police Department would write a lie like that, submit it to court and prosecute someone," Mackey said.

"You're using the word  lie. That's a strong word," said anchor Tenikka Smith.

"Well, you've read the report and you've seen the video. What other word would you use?" Mackey said.

Mackey plans to ask the state  Attorney General's Office and the U.S. Department of Justice to investigate the Concord Police Department and Eschert for violating his civil rights.

"I think that every person who he's arrested should have their attorneys revisit these cases and seek appropriate relief," he said.

In the dismissal, the Cabarrus County District Attorney's office also noted that Nick Mackey's license was not revoked at the time of the traffic stop. It showed up revoked in the system due to a DMV error.

Concord Police Chief Guy Smith told Channel 9 by phone that he stands by the court's dismissal. Smith also said he also does not have any reason to believe his officer put any false information in his report the night of Mackey's arrest.

WSOC