prosecutor wants the bond of a woman involved in a fatal accident to be revoked | Courts

Allison has not been charged in the fatal collision, although she was on bail at the time of the crash of a previous DWI with which she was charged last October.

Under these terms, obtained by News-Press NOW, Allison was not to use illegal drugs.

“No illegal drugs, do not abuse prescription drugs, submit to drug and alcohol tests, no driving unless licensed and insured,” state conditions the caution.

Buchanan County Associate Circuit Judge Keith Marquart has ordered the conditions and will oversee Allison’s DWI trial, which has yet to be scheduled.

In the October 2020 case, Allison is charged with DWI while having a person under the age of 17 in the vehicle.

Buchanan County District Attorney Michelle Davidson alleged in a court record that Allison violated her duty while driving while intoxicated on the day of the accident involving the 14-year-old.

Davidson also wrote that Allison was said to have driven with her license suspended at the time of the crash.

A third, undated allegation alleges that Allison breached her bond by “consuming alcohol and smoking marijuana” at one point while she was on bail.

Court records online say Allison’s bail has not been revoked at this time. According to her defense attorney, she tested positive for COVID-19 on or around August 31.

Marquart continued a court date in his October case because of the positive test.

Allison was apparently not arrested the night of the accident involving the minor. Davidson, the prosecutor, told News-Press NOW on Friday that she did not learn of the potential bail violation by the St. Joseph Police Department until August 25, the day she filed the revocation motion. of the woman’s surety.

Davidson said she was still waiting to receive reports from police to determine whether criminal charges were warranted regarding the fatal crash. The request for revocation of bail is a lower legal standard and therefore easier for prosecutors to prove.

According to a probable cause statement filed in his October case, police were called to the scene of a residence on Floyd Avenue.

“Allison spoke with officers and was observed with bloodshot eyes and a strong smell of intoxicants emitted by her breath,” wrote Sean Tate, an officer with the St. Joseph Police Department. “According to Allison, she only had one ‘hit’ at her residence before heading back down to the vehicle.”

A minor was in the backseat at the time of the crash, Tate wrote in the probable cause statement.

“The defendant is a danger to the community because she was driving a motor vehicle causing an accident with (a minor) in the vehicle,” Tate wrote.

Allison will then appear in court on September 29 when the judge sets a trial date in her DWI case in October 2020. Davidson said the judge will likely consider her bail application at that hearing.

Allison has pleaded not guilty in the 2020 case.