The reality star rear-ended a tractor, sending both vehicles into a roadside ditch in an accident that left 66-year-old Kenneth Mosher dead.
In the aftermath of the crash, Soules called 911 to report the accident and remained at the scene until emergency responders arrived. He was later arrested on charges of leaving the scene of an accident that resulted in death, and has now filed a motion to dismiss those charges.
"For whatever reason, the charging officer failed to include in the Complaint and Affidavit that Mr. Soules provided his name and accident location to the telecommunication arm of law enforcement prior to his departure," writes attorney Gina Messamer in the motion to dismiss, which was obtained by The Hollywood Reporter. "Nor did the charging officer mention that Mr. Soules had rendered emergency aid to Mr. Mosher. Ultimately, Mr. Soules' 911 call establishes probable cause does not exist for the charge against Mr. Soules."
"Mr. Soules did not depart the scene until he was assured emergency personnel had the situation in hand," Messamer continued. "As a matter of law, the State cannot prove Mr. Soules did not render 'reasonable assistance.'"
If convicted, Soules could face up to five years in prison.
This story first appeared at Womanista.