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SALT LAKE CITY (AP) -- An attorney for a former state senator charged with driving under the influence is asking a judge to suppress evidence in the case and claims the Utah Highway Patrol made an illegal traffic stop.
Court papers filed by defense attorney Ed Brass in Salt Lake County Justice Court this week contend that video from the UHP trooper's car does not support the erratic driving pattern described in the officer's written report.
Former Senate Majority Leader Sheldon Killpack was arrested Jan. 15. Prosecutors allege his blood alcohol level was .11, above the legal limit of .08. He resigned from the Legislature the next day.
Killpack has pleaded not guilty to misdemeanor charges of DUI and failure to signal.
Prosecutors have two weeks to reply to Brass' claims.
A hearing is set for May 25.
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Information from: The Salt Lake Tribune
(Copyright 2010 by The Associated Press. All Rights Reserved.)
