Chris Soules' fatal hit-and-run trial is set to take place in January, but will The Bachelor star have his day in court? RadarOnline.com can exclusively reveal that 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 RadarOnline.com 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.
"The additional requirement that a driver return to the scene of inform law enforcement of his location is unnecessary to the noncriminal purpose of the statute," the court papers read. "There was nothing in addition that he could do for the injured person."
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His team claimed the reason for him to return to the scene or inform law enforcement of his whereabouts is to further investigate.
"This violates an individual's privilege against self-incrimination," the filing reads. "By telling law enforcement their location or returning to the scene, individuals are at significant risk that law enforcement will use this information to build a case against them."
The ABC star rear-ended the tractor of Kenneth Mosher, 66, on April 24. Mosher was thrown into a ditch and died a short time later at a nearby hospital.
Soules left the scene and was arrested hours later. He was charged with leaving the scene of a deadly crash, resulting in death.
Alcoholic beverages and containers were found at the scene. He was caught on camera purchasing alcohol prior to the crash.
He entered a plea of not guilty on May 16. He is expected to appear in court for the first day of his jury trial on January 18, 2018.
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