Officer involved in fatal DUI wants off on technicality - wave3.com-Louisville News, Weather & Sports

Officer involved in fatal DUI hopes technicality will get charges dismissed

INDIANAPOLIS (AP) - The attorney defending an Indianapolis police officer involved in a fatal crash says he plans to file a motion to dismiss drunken driving charges against the officer.

John Kautzman said Friday he planned to file the motion for Officer David Bisard before the end of the day.

Kautzman says a blood test showing Bisard's blood-alcohol content was over Indiana's legal limit wasn't done according to state law and can't be used in court.

Marion County's new prosecutor refiled the drunken driving charges against Bisard last month. His predecessor had dropped the charges because he said the blood-alcohol evidence would likely be ruled inadmissible.

Prosecutors say Bisard was drunk when he crashed his patrol car into two motorcycles in August, killing one person and critically injuring two others.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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