Chris Soules Tested Negative For Drugs and Alcohol After Fatal Crash
UPDATE (6/19/2017 at 12:30 p.m. ET):
However, his lawyers did just reportedly put an end to any possible additional DUI charges.
“The [Department of Criminal Investigation] conducted thorough toxicology testing on two separate samples – his urine and blood,” new documents filed Friday by his legal team read.
“[The test] conclusively determined no detectable amounts of alcohol or drugs were in either specimen. Furthermore, Mr. Soules has not been charged with any alcohol related offense.”
As his attorneys point out, Chris’s sole charge is that he left the scene, meaning that all of the following details are “not admissible” and should not be used when presenting information to the jury:
“Any evidence, testimony, reference, or argument that, on the night in question, Mr. Soules: 1) purchased alcohol, 2) consumed alcohol, 2) drove while impaired, or 3) had beer cans in or around his vehicle.”
Additionally, the Iowa native’s defense team is asking that 66-year-old Kenneth Mosher, who was killed in the crash, not be referred to as a “victim” during the proceedings.
“Mr. Soules, like all other accused persons in the State of Iowa, is presumed innocent,” the documents read.
“The State has not charged Mr. Soules with any crime asserting he is criminally responsible for the death of the decedent. Thus, it is wholly improper for the State or any witness to refer to the decedent as a ‘victim’ since such a reference inaccurately characterizes the events relevant to the instant charge.”
Original story (5/26/17 at 11:00 a.m. ET):
Chris Soules’s legal team is doing everything they can to avoid him going to trial.
As it currently stands, the Bachelor 2015 star is due in court to face his felony hit-and-run charge in two months — first for a pretrial conference on July 11 and then for a July 19 jury trial.
But if the reality star’s defense has it their way, neither of these dates will ever happen.
It shouldn’t come as a surprise that Chris’s lawyers would be working nonstop to get his case dismissed — they’ve been doing so since the week after his April 24 crash.
Last month, they tried to put an end to the charge of leaving a fatal accident, a Class D felony, before he was even officially charged.
They also slammed tabloid reports about the Bachelor’s involvement in the tragedy — which left 66-year-old Kenneth Mosher dead — as “false and misleading.”
They’re also asking for the official date and time of Kenneth’s death.
But why? This is an attempt to prove the farmer didn't flee the scene, which is the crux of his charge.
If he’s convicted of the hit-and run felony, he’s facing up to five years in prison — even more if he’s proven to have been drinking prior to the crash.
Right now, though, the focus is on the “fleeing” part, as under Iowa law, a driver involved in a fatal accident must “remain at the scene of the accident except to seek necessary aid or to report the accident to law enforcement authorities.”
“Until there is a fatality, a person involved in an accident has no obligation to remain at the scene, return to the scene, or inform law enforcement of his or her location,” the Iowa native’s lawyers stated this week.
They continued, “The time and location of the fatality thus is an element the State must prove to convict Mr. Soules under Iowa Code.”
Additionally, after the state said the information they’d requested was “not essential to the preparation of a defense,” his attorneys fired back.
“As charged, the Trial Information is so general in [its] nature that [it] does not fully advise [Soules] of the specific acts with which he is charged,” they replied.
“Mr. Soules is entitled to be informed of the time and location of the fatality so that he is able to file a motion to dismiss, if appropriate.”
As this legal drama continues to be played out in the press, expect there to be some more limits placed on the actual courtroom proceedings.
Judge Kellyann Lekar warned Monday that she’ll be very strict about any media violations — entering and leaving the court, except during breaks — and reporters must give 24 hours' notice to attend proceedings.
Stay tuned to Wetpaint as this story develops.