Chris Soules has filed a motion to dismiss all charges in his felony hit and run case.
Soules was arrested in April after his Chevy pickup truck rear-ended a tractor, leaving the driver, 66-year-old farmer Kenneth Mosher, dead. The former Bachelor star was charged with leaving the scene of a fatal accident, a class D felony.
In court documents obtained by ET on Wednesday, one of Soules' lawyers, Gina Messamer, argues that while Soules was required to return to the scene of the crash by law, he did all he could before leaving the scene.
“Mr. Soules fully satisfied the purposes of the statute by calling 911, giving his name to dispatch, administering CPR to Mr. Mosher, and staying on the scene until emergency responders arrived," Messamer says in the motion. "Though Mr. Soules was shaken after the accident, he did everything in his power to resuscitate Mr. Mosher. Mr. Soules interacted with several other responders whom he recognized from his small community and at no point did he attempt to obfuscate his identity."
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Messamer states that there is a constitutional right against self-incrimination, so Soules should not have been obligated to return to the scene.
“The only purpose for Mr. Soules to return to the scene or inform law enforcement of his whereabouts would have been to provide law enforcement further opportunity to investigate,” Messamer explains, adding that Iowa's “return-or-report location” requirements violates an individual’s privilege against self-incrimination and is “unconstitutional.”
“Mr. Soules therefore cannot be held criminally liable for failing to return to the scene,” Messamer reasons.
In May, Soules pleaded not guilty to the charge of leaving the scene of an accident causing a death. A hearing for Tuesday's motion is set for Oct. 10 at 1:30 p.m.
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Reporting by Tracie de la Rosa.
See more on Soules' case in the video below.