Police respond to report of accident where one car backed up into the reporting person’s car outside of a busy downtown nightclub. The reporting witness claims that the client switched seats with the passenger after the collision but before the police arrived. The scene is chaotic with reported fights in the street outside of the club. The defense challenges the witness’ ability to identify the client as the actual driver which he cannot do during a non-suggestive identification process on the day of trial. OUI charge dismissed for lack of prosecution. Enhanced Lifetime Lookback Consequences under Melanie’s Law avoided.