COLUMBUS: A central Ohio judge says thereís not enough evidence to convict a driver who struck and killed a drunken bicycle rider.

Franklin County Municipal Court Judge H. William Pollitt Jr. on Tuesday acquitted 24-year-old Davenna Ferguson of vehicular manslaughter.

The judge said he couldnít say for sure that Ferguson wasnít telling the truth when she said she didnít see the bicyclist, 33-year-old Ernesto Galvez-Jacobo, before rear-ending him on a dark road in Columbus in May 2012.

The Columbus Dispatch reports that Galvez-Jacoboís blood alcohol level was more than three times the legal limit for driving a car or riding a bike. He also had marijuana in his system.

A city prosecutor had argued that Ferguson was responsible because she failed to maintain an assured clear distance.