Police actions at issue in caseMarch 17,2012
BURLINGTON — A lawyer for a Vermont woman accused of hitting a pedestrian with her car while texting is seeking to have the case dismissed, saying prosecutors are unable to prove she was texting at the time.
The lawyer for 19-year-old Emma Vieira also argued in court Thursday that police pressured her into speaking to them over four days after the August accident, in effect holding her in custody but failing to read Vieira her Miranda rights. Therefore, the lawyer said, anything Vieira said should be inadmissible.
Prosecutors disagree with the arguments.
Vieira, of Colchester, pleaded not guilty to grossly negligent operation of a motor vehicle with serious bodily injury resulting in the crash. The impact left 53-year-old Debbie Drewniak in a coma for a while.
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