Lawyers for ex-Las Vegas Raiders wide receiver Henry Ruggs are asking a judge to throw out evidence that prosecutors say shows Ruggs had a blood-alcohol level twice legal limit before a fiery crash that killed a woman in November.
Ruggs’ defense team argues police didn’t have a legal reason to ask a judge to authorize a warrant to obtain Ruggs’ blood.
“True probable cause did not exist,” attorneys David Chesnoff and Richard Schonfeld said in a document submitted May 23 to Las Vegas Justice of the Peace Ann Zimmerman. “The mere fact of Mr. Ruggs’s involvement in a fatal vehicle collision does not, in itself, give rise to probable cause to believe he was driving under the influence of alcohol.”
This document states that a field sobriety test was not performed on Ruggs at the scene of the crash.
A Las Vegas judge pushed back to Sept. 7 the date of a preliminary hearing to determine whether Ruggs should stand trial in state court on felony DUI and reckless driving charges.
The judge scheduled a July 12 hearing on the evidence question.
WANT MORE FROM TOTALPROSPORTS? FOLLOW US ON GOOGLE NEWS.