10/22/2015 // JusticeNewsFlash // (press release)
U.S. – A woman who has been charged with drunken vehicular homicide over a December 2014 crash, is seeking to have blood alcohol evidence excluded from her case. As reported by the Associated Press, the woman, Kaitlyn Wolfel, alleges the blood sample was drawn one minute too late, with her defense attorney Gary Knaresboro saying the law requires that blood be drawn within two hours in order for the reading to be deemed admissible evidence.
State Trooper Josiah Reiner testified in court that the sample drawn from the 22-year-old was taken two hours and one minute after state troopers responded to the scene of the crash.
Wolfel has been charged in the death of a 62-year-old pedestrian, and also stands accused of maiming another person while driving intoxicated. Police have said that her blood-alcohol content was over twice the legal limit. There were also traces of drugs found in her blood as tests revealed, the AP report says.
District Attorney Paul Malizia has argued that the judge should consider various circumstances in deciding whether the blood-alcohol should be deemed admissible including limited 24-hour medical facilities in the area.
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Source: Associated Press News Story http://news.findlaw.com/apnews/4e622670519943dc9bc34b6ab164d451