Chris Soules‘ legal team is asking the court to dismiss a charge against him — “failure to remain” at the scene of a fatal accident.
On Monday, attorneys for the former Bachelor star filed a motion to dismiss in the Iowa District Court in Buchanan County.
In court documents obtained by PEOPLE, the state alleges that Soules, 35, violated the Iowa code that states: “If the accident causes the death of a person, all surviving drivers shall remain at the scene of the accident except to seek necessary aid or to report the accident to law enforcement authorities.”
However, Soules’ attorneys are refuting the last sentence of the code in new court documents, saying, “Because Mr. Soules indisputably stopped his vehicle, returned to the injured driver, contacted law enforcement, provided aid to the injured driver, arranged for medical treatment for the injured driver, remained until emergency personnel responded to the injured party, and provided identification data, the State’s charge must be dismissed.”
On April 25, Soules was arrested at 1:16 a.m. after a deadly car crash in Iowa, where he lives. According to the Buchanan County Sheriff’s Office, Soules was charged with leaving the scene of the fatal car accident that left 66-year-old war veteran Kenneth Mosher dead.
In Soules’ brief also filed Monday, his attorneys detail that Soules administered CPR to Mosher: “Mr. Soules checked on Mr. Mosher to determine if he was conscious and breathing. Mr. Soules then administered CPR to Mr. Mosher, reporting to dispatch that Mr. Mosher had blood coming out of his mouth.”
Soules — who appeared on season 19 of The Bachelor in 2015 — was not charged with driving under the influence, though court documents reveal Soules was in possession of alcoholic beverages/containers.
The Iowa State Patrol alleged that Soules fled the scene. His vehicle was later found at a home that he was present at, and Soules allegedly refused to leave until officers obtained a search warrant several hours later.
“Mr. Soules would not come out of the home. It took hours to get a search warrant to retrieve Mr. Soules from inside of that house in order to continue the investigation. That took hours,” the state prosecutor said in court. “At no point did Mr. Soules come out of the house, or cooperate with law enforcement at any point in trying to get in contact with him regarding this individual and the [fatal] accident.”
Soules entered a not guilty plea in May to the charge of leaving the scene of the fatal accident in April. He called 911, identified himself and attempted to administer aid to victim.
Over the summer, Soules’ legal team filed court documents in June, which were obtained by PEOPLE, that stated the former Bachelor did not have alcohol or drugs in his system following the fatal crash.
“A report issued by the Iowa Department of Criminal Investigation’s (DCI) Criminalistics Laboratory, Mr. Soules’ specimens were negative for drugs and alcohol,” his legal team said in the documents.
“The DCI conducted thorough toxicology testing on two separate samples – his urine and blood – and conclusively determined no detectable amounts of alcohol or drugs were in either specimen,” they continued. “Furthermore, Mr. Soules has not been charged with any alcohol related offense. Rather, Mr. Soules has been charged with leaving the scene of a fatal accident.”
According to the documents, Soules’ legal team also claims that the following are “not admissible” and has filed a motion that they not be used in reference to the case or presented to a jury: “Any evidence, testimony, reference, or argument that, on the night in question, Mr. Soules: 1) purchased alcohol, 2) consumed alcohol, 2) drove while impaired, or 3) had beer cans in or around his vehicle.”
In September, his attorneys asked the court to dismiss the fatal accident charge against him, claiming it “unconstitutional” that he be charged for not returning to the scene of the accident.
Soules is slated for trial in January.