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Judge rules blood alcohol level can’t be used as evidence in CNU fatal crash case

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Posted at 10:12 PM, Nov 29, 2012
and last updated 2012-11-29 22:12:44-05

“You cannot use his blood alcohol level as evidence.”

That's what a judge ruled in the case against a man charged with killing two CNU students in a DUI crash.

Jessie Evans, a Fort Eustis soldier, crossed Interstate 64 and hit the car head on according to police.

There were five students in the car.

Evans was charged with two counts of involuntary manslaughter, three counts of maiming by DUI and having two DUIs within five years.

But officials are going to have a difficult time proving the dui case.

The judge said Evans' blood alcohol level from that night cannot be used.

That's because Evans was not arrested for DUI within three hours of the accident  so the test police took will not be part of their case  according to the Daily Press.

The trial stated today. 

Related: 

Soldier indicted on additional charges for fatal I-64 crash