Chris Soules isn't getting off the hook that easily! One day after The Bachelor star's legal team filed a motion to dismiss his leaving the scene of an accident case, RadarOnline.com can exclusively reveal the State of Iowa asked the court to deny his request because he was possibly under the influence!
In court documents obtained from Iowa District Court for Buchanan County, the State of Iowa claims the court has already determined that there is "'probable cause to believe that an offense has been committed and the defendant committed it' at the Defendant's initial appearance on April 25, 2017."
The State is calling the motion filed by the defendant to dismiss the case "premature."
"Defendant's motion to dismiss recognizes the defendant was to immediately return to the scene of the accident or inform the law enforcement authorities where he could be located," the May 2nd filing read. "Defendant did neither. Furthermore, the only permissible reasons for which Defendant could leave the scene of the accident in the first place was to seek necessary aid or report the accident to law enforcement authorities. Defendant did neither after fleeing the scene."
Although the motion to dismiss filing claims Soules made no attempt to hide his identity when he gave his name to the 911 operator, the State alleges he "did attempt to obfuscate the immediate facts and circumstances surrounding the accident, including a determination of his level of intoxication and an explanation of the empty and partially consumed open alcoholic beverages located in and around his vehicle that he was seen purchasing at a convenience store shortly before the accident."
The State asks the Court deny his motion to dismiss without hearing.
As Radar reported on May 1st, Soules' legal team claims the 911 call he made after rear-ending Kenneth Mosher's vehicle proves his innocence.
Soules left the scene after the 911 call, where he was heard attempting to save Mosher, 66, who died at a nearby hospital.
Soules, 35, was arrested hours later at a home in Arlington, Iowa.
"Mr. Soules described the location of the accident and communicated with dispatch for approximately 5 minutes and 45 seconds while help was en route," the filing read. "The evidence will further show that emergency responders arrived on the scene shortly after Mr. Soules concluded his 911 call. Mr. Soules remained on the scene with those emergency responders for several more minutes before returning to his home."
The court filing continued: "Before hanging up, he confirmed that emergency responders were en route. Mr. Soules did not depart the scene until he was assured emergency personnel had the situation in hand. As a matter of law, the State cannot prove Mr. Soules did not render 'reasonable assistance.' Mr. Soules' actions at the scene, as captured by the 911 recording, unquestionably were 'reasonable.'"
Soules will head back to court on May 9th.
Should the case be dismissed? Tell us in the comments below!
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