“It is therefore ordered that the motions to dismiss filed by the defendant on September 19, 2017 and November 13, 2017 are denied,” court papers obtained from Iowa District Court For Buchanan County read.
In September, the state alleged 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.”
Attorneys for Soules, 36, 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. Soules did call 911 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 filing 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.
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The court documents explained how Soules did give his name to authorities, administered CPR and stayed on the scene until emergency responders arrived.
“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.”
District Court Judge Andrea J. Dryer explained how Soules “has not shown that the trial information should be dismissed.”
Soules' jury trial is set for January 18.
The Iowa farmer rear-ended victim Kenneth Mosher’s tractor on April 24, 2017. Mosher was thrown into a ditch and died at a nearby hospital.
Soules 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.
Are you surprised a judge denied his request to dismiss the case? Tell us in the comments!
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