A former Burlington, Vermont, police officer charged with driving under the influence in a fatal July crash is asking a Franklin County judge to dismiss the case against her.
Thirty-one-year-old Leanne Werner argued Tuesday in Vermont Superior Court in St. Albans that she was pressured by Officer Keith Cote into submitting to a roadside breath test and sobriety exercises during his investigation of the July 12, 2015 accident.
Attorney Frank Twarog claims Cote had insufficient evidence to suspect Werner of DUI and that her samples came from an unlawful search and seizure.
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Deputy State's Attorney Heather Brochu argued that Cote had sufficient reason to believe Werner was impaired.
Prosecutors say Werner was drunk when she crossed the centerline on Lower Newton Road and slammed into 74-year-old Omer Martin's vehicle, killing him.