(05/14/07) RED BANK ? Months after a Wall Township police captain was arrested on DUI charges, a judge found him not guilty Monday.

Bernard Sullivan was to be sworn in as police chief just days after his arrest in January. His appointment to the post of chief was rescinded by the town council following the charges.

However, Judge William Himelman said there was reasonable doubt to find Sullivan not guilty of the charges. Himelman claims his main problem with the case stems from the arresting officer?s decision not to have another officer read Sullivan?s breathalyzer results. The arresting officer, Todd Verrechia, claimed Sullivan blew a .19 and a .20, well above New Jersey?s legal limit.

After the ruling, Sullivan said he was very happy with the outcome. ?At this point I don?t have much to say except that I?m obviously very happy today by the judge,? Sullivan said.

Judge Himelman said the Sullivan ruling marks the first time in five years he?s found a person not guilty in a DUI case.