A judge has dismissed a drunk-driving charge against a magician who said the chemicals he used in his fire-eating act caused a false breath test reading, his attorney said.
Los Angeles County Superior Court Judge John P. Doyle threw out the misdemeanor charge this week after prosecutors asked to retry Randall Richman, 32, said his attorney, Andrew Radel.
Richman's nine-day trial in Van Nuys ended April 27 with the jury deadlocked 10 to 2 in favor of acquittal.
Richman, who now lives in Westlake Village, testified that he had just taught a fire-eating class when police pulled him over Dec. 7, 1999, near his home in Studio City.
He registered twice the legal driving limit of .08% blood alcohol on two breath tests.
Last week, Richman had said he was disappointed with the hung jury and vowed to defend himself in a second trial.