Chris Soules’ attorneys: Toxicology tests were negative for alcohol and drugs

INDEPENDENCE — 'Bachelor' alum Chris Soules, charged in the April crash that resulted in a man's death, asked the court Friday to prevent certain testimony or evidence in his trial, including his alleged alcohol consumption and any reference to him driving intoxicated.

His attorneys filed a motion, asking the court to prevent the prosecution from presenting certain evidence that would be prejudicial to him and violate his right to a fair trial, due process and the presumption of innocence.

Soules, 35, who appeared on ABC's 'The Bachelor' in 2015, is charged with hit and run resulting in a death and he has pleaded not guilty.

He was arrested April 25 at his Arlington home after Kenneth Mosher, 66, of Aurora, died in the April 24 crash. Authorities said Soules was driving south on County Road W45 near Aurora around 8:20 p.m. when his pickup rear-ended a tractor driven by Mosher, who died at Mercy Hospital in Oelwein.

Buchanan County District Court documents show 'empty and partially consumed open alcoholic beverages' were found in and around Soules' truck when authorities arrived at the scene. Soules was seen purchasing alcohol shortly before the crash, according to court documents.

Soules' attorneys argue in the motion that toxicology testing by the Iowa Division of Criminal Investigation Criminalistics Laboratory on two separate samples of urine and blood were negative for drugs and alcohol, so any reference to the purchase of alcohol, consumption or driving while intoxicated, as well as any mention of a field sobriety test or breathalyzer, shouldn't be allowed at trial.

The motion points out Soules has been charged with leaving the scene of a fatal crash and the only issues to be resolved are:

• Whether Soules was the driver of a vehicle involved.

• Whether Soules immediately stopped his vehicle at the scene or close by.

• Whether the crash resulted in serious injury to the other person.

• Whether Soules gave reasonable assistance to the injured person, including arranging for medical treatment.

• Whether the injured person died before Soules leaving the scene, which requires additional reporting such as leaving a driver's license, vehicle registration or other identification informing police where Soules could be located.  

The motion also asks the court to prevent any testimony regarding the circumstances surrounding Soules' arrest.

Soules allegedly left the crash scene after calling 911 in another vehicle and was found at his Arlington home several hours later, according to police reports.

He was booked into the Buchanan County Jail around 1:16 a.m. April 25.    

The motion also asked the court to not allow the prosecution to refer to Mosher as the 'victim.' Soules isn't charged with being criminally responsible for Mosher's death. This case is a 'fundamental dispute' as to whether Soules violated his reporting obligations following the crash, the attorneys note.

On Wednesday, Soules waived his right to a speedy trial and his attorneys asked the court to reset his July 19 trial date because discovery materials still are being exchanged and many depositions haven't been scheduled as of this week.  

The prosecution has yet to respond to either motion and no hearings have been set at this time.

If Soules is convicted, he faces up to five years in prison.

l Comments: (319) 398-8318; trish.mehaffey@thegazette.com