A judge has thrown out evidence against a former Burlington, Vermont, police officer charged with driving under the influence in a fatal crash last summer.
The judge determined in an opinion filed Wednesday in St. Albans that results of 31-year-old Leanne Werner's breath test, statements made to police before her rights were read and her performance on field sobriety tests must be excluded.
Prosecutors say Werner was drunk when she crossed the centerline in St. Albans last July and slammed into 74-year-old Omer Martin's vehicle, killing him.
Her attorney argued Officer Keith Cote had insufficient evidence to suspect Werner of DUI and seek a breath test at the scene.
Prosecutors argued Cote had sufficient reason to believe Werner was impaired.
Jury selection in the case is scheduled for July 12.