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A man accused in an accident with a single vehicle that killed his girlfriend entered a plea agreement that could make him avoid serving any time in jail.
The plea agreement makes a legal battle that was brewing on the admissibility of a blood test for alcohol impairment in light of a recent decision of the US Supreme Court in a case in North Dakota Drunk Driving .
John Fairbanks III, 24, Castleton, pleaded no contest Tuesday before a criminal court Rutland than a heavy operation crime charges for lack of a motor vehicle with death resulting and driving offense impaired .
The charges stem from an accident in Castleton in November 2014 that killed 23-year Stephanie Briggs, a passenger in the car Fairbanks.
A felony charge of drunk driving resulting was dismissed under the plea agreement.
The plea agreement Fairbanks request an award on the operating gross negligence crime charge of a motor vehicle with death resulting to be postponed for five years, and it will be placed on probation.
If it meets the terms of his probation for five years, the charge would be erased from his record if he violates his probation, he faces the possibility of receiving the maximum penalty for the offense to 15 years in prison .
The conditions of probation include attending drug treatment or alcohol screening determines if it is necessary He also can not go to a bar, tavern or any other institution whose principal activity is to serve alcoholic beverages.
In addition, they must complete 50 hours of community service.
On the charge of drunk driving misdemeanor, the proposed plea agreement calls for a sentence of six months to a year, it can be used to house arrest if it is approved by the state Department of Correctional Services.
Rutland County State Attorney Rose Kennedy said after the hearing she could not comment on the case, which remains open until after the sentencing hearing.
The Cortland Corsones judge hearing the plea change Tuesday Fairbanks walked through the terms of the agreement before taking the plea of no contest.
You have the right to proceed to trial if that's what you want, the judge said.
I understand that Fairbanks responded, and did not contest.
The plea agreement comes amid a legal challenge to the admissibility of a blood test used to determine the blood alcohol level Fairbanks on the night of the crash.
In Fairbanks, according to court records, the test found he had a blood alcohol level in the blood of 0,097 percent, over the legal limit 0 08 percent for driving in Vermont.
Daniel Stevens Attorney Fairbanks representative, filed a motion to suppress blood test results and asked that the charges arising are rejected.
He argued in its filing that a decision by the US Supreme Court decided there less than a year regarding the use of the procedure of police for the results of blood tests amounted to an unconstitutional search .
The high court in that case, Birchfield v North Dakota, held that the Fourth Amendment allows breathalyzers for arrests without warrants on drunken driving charges However, according to the decision, it prohibits warrantless blood tests.
The difference between blood and breath test, according to the decision, is a breath test is not considered an invasive procedure such as a blood test, in which the skin is pierced and blood is taken from a person.
Stevens wrote in his application, in this case, the police got a John blood sample without a warrant, a violation of the Fourth Amendment, and the test results should be excluded from the trial.
Prosecutors disagreed, arguing in part that a breath test was the only option at the time.
Nearly two fifteen after the accident the defendant was still in the hospital, the answer prosecutors said hours would pass before it was released For these reasons, a breath test was not reasonable.
The plea agreement Tuesday came before the Corsones judge could rule on the issue, allowing either the blood test to be admitted as evidence at trial, or delete it and not allowing to use.
The incident leading to the charges took place November 29, 2014, approximately 7 to 40 pm on Route 30 in Castleton told Fairbanks police were driving a 1999 Volkswagen Passat that drove in the oncoming lane before go into the air, striking a utility pole.
Briggs was pronounced dead at the scene, police said Fairbanks, who was walking around screaming and throwing debris when the police arrived, were told that Briggs had been conducted, said court records.
However, a police affidavit filed in the case said a day later, the mother Briggs, Susan Lynde, reported that Fairbanks had called him, telling him that he was driving in the accident that killed Briggs.
I'm sorry, he said Lynde, according to court records.
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Plea Castleton many cases fatal car accident, plea deal, Castleton.
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