Chris Soules‘ fatal hit-and-run trial is set to take place in January, but will The Bachelor star have his day in court?
Soules is asking the court to dismiss the charges against him. In court documents obtained from Iowa District Court for Buchanan County, the state alleges Soules violated the following requirement, “After leaving the scene of the accident, a surviving driver… shall immediately return to the scene of the accident or inform the law enforcement authorities where the surviving driver can be located.”’
Soules’ team claimed the last sentence of the code should only be applicable when a surviving driver has not notified law enforcement of an accident while on the scene. As Radar reported, Soules did make a 911 call at the time of the accident. “Because Mr. Soules cannot be held criminally liable for failing to comply with an unconstitutional statute, the charge against him must be dismissed as the matter of law,” the documents filed on September 19 read. “This is a incurable defect in in the state’s prosecution… Mr. Soules cannot be held criminally liable for failing to comply with an unconstitutional statute.”
The filing explained how Soules, 35, gave his name to authorities, administered CPR and stayed on the scene until emergency responders arrived. His team claimed he is being charged with a “technical violation” of the Iowa code.
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