Attorney Says Charges Against Chris Soules Are Unconstitutional
Chris Soules is scheduled to go on trial January 18, 2018 on charges of 'Leaving the Scene of an Accident Resulting in Death,' but his attorneys are trying to make sure the case never gets to trial.
Soules, of Arlington, rear-ended a tractor in late April of this year and the man driving the tractor, Kenneth Mosher, was killed in the accident.
According to WHO, attorneys for Soules want a Buchanan County judge to throw out the charges because they believe the Iowa law that allowed the charge is unconstitutional. The law reads:
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 attorneys say the basic requirement, calling 911, was accomplished. However, they believe requiring their client to return to the scene breaks the U.S. Constitution 5th Amendment which protects people from incriminating themselves. They say that breaking a law that, itself, is a violation of the U.S. Constitution should result in charges being dropped. In order for the charge to be dropped, a hearing would have to be held. No date for that has been set. Stay tuned.