091417mp-Chris Soules-hearing-7

Chris Soules appears for a hearing in Buchanan County District Court with his lawyer Robert Montgomery Thursday, Sept. 14, 2017, in Independence, Iowa. Reality TV star Soules is charged with leaving the scene in a fatal April crash near Aurora, Iowa. (MATTHEW PUTNEY, The Courier /POOL)

MATTHEW PUTNEY, COURIER PHOTO EDITOR

INDEPENDENCE — Prosecutors filed a motion Tuesday saying “Bachelor” star Chris Soules should have remained at the scene until law enforcement officers arrived to talk to him face-to-face, as the law requires.

Soules, 35, of rural Arlington, who is charged with leaving the scene of the fatal crash that killed Kenneth Mosher, 66, of Aurora, in April, asked the court to dismiss the charge last week. Soules argued that he called 911, identified himself to dispatchers and performed CPR on Mosher before leaving.

He met the requirements of the law and didn’t commit the charge offense, his lawyers said.

But law enforcement authorities said Soules left the crash scene before officers arrived and then refused to leave his home until officers had obtained a search warrant, according to court documents.

Prosecutors, in their motion, said Soules omitted or disregarded part of the law, which “intends to guarantee that law enforcement can have an opportunity for a face-to-face interaction with every driver involved in a fatal collision, as soon as possible, for a variety of obvious and compelling purposes.”

The first sentence in the subsection of the law establishes a clear duty to remain at the scene of fatal accident “except to seek necessary aid or to report the accident to law enforcement,” prosecutors pointed out in their motion.

The defense in its motion argued there was ambiguity in the first sentence of this law because it doesn’t define how long a surviving driver must remain at the scene.

The legislature didn’t intend for a surviving driver to “remain at the scene forever if the driver had no cause to leave to seek aid or notify law enforcement,” according to the defense’s motion.

Soules hasn’t been charged with being intoxicated in the crash, and defense attorneys have said in court records blood and urine tests found no indications of alcohol or drugs.

Prosecutors said earlier Soules was trying to hide details about possible alcohol involvement in the collision.

Soules’s trial is set for Jan. 18.   

Waterloo Courier reporter Jeff Reinitz contributed to this report. 

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