MONROE - Judge Thomas Vale upheld his decision from a February preliminary hearing to admit evidence that Maquita Q. Stokes was intoxicated at the time of an August crash that resulted in the death of an 81-year-old Browntown man.
Guy Taylor, Stokes' attorney, argued at Thursday's hearing that since the blood test used to determine Stokes' blood alcohol concentration was taken more than three hours after the Aug. 8 accident, it should not be admissible to prove probable cause for Stokes' alcohol related charges.
"I'm not here to try and deceive the court," Taylor said. "But there is simply insufficient evidence to allow for this to be bound over."
Vale upheld his previous decision that the blood test could be admitted since the previous preliminary hearing was not a trial, and he bound the case over for an as-of-yet unscheduled arraignment hearing.
Stokes, 30, Rockford, is charged with two Class D felony counts of homicide by intoxicated use of a vehicle and with a prohibited blood alcohol content, two Class F felony counts of injury by intoxicated use of a vehicle and two Class F felony counts of injury by use of a vehicle with a PAC.
Stokes did not appear in court Thursday because she had received permission from the court to miss her hearing so she could work. She recently returned to work at a gum factory in Rockford where she has been employed for seven years. She was unable to work for many months after the accident due to injuries she sustained in the crash, including a broken pelvis, ribs and a leg, according to her attorney.
Court records indicate Stokes was eastbound in an SUV on Wisconsin 11 on Aug. 8 when her vehicle swerved over the center line, colliding head-on with a vehicle driven by Antone C. Grawehr. Grawehr and his wife Alma, 82, were driving home from their son's wedding in Milwaukee when the crash took Antone's life. Alma sustained serious injuries, including a wrist fracture.
Antone died on scene due to cardiac arrest after the force of the crash crushed his legs, broke his ribs, fractured his pelvis and left him with multiple lacerations and head injuries.
Stokes has a pre-trial conference set for June 3.
Guy Taylor, Stokes' attorney, argued at Thursday's hearing that since the blood test used to determine Stokes' blood alcohol concentration was taken more than three hours after the Aug. 8 accident, it should not be admissible to prove probable cause for Stokes' alcohol related charges.
"I'm not here to try and deceive the court," Taylor said. "But there is simply insufficient evidence to allow for this to be bound over."
Vale upheld his previous decision that the blood test could be admitted since the previous preliminary hearing was not a trial, and he bound the case over for an as-of-yet unscheduled arraignment hearing.
Stokes, 30, Rockford, is charged with two Class D felony counts of homicide by intoxicated use of a vehicle and with a prohibited blood alcohol content, two Class F felony counts of injury by intoxicated use of a vehicle and two Class F felony counts of injury by use of a vehicle with a PAC.
Stokes did not appear in court Thursday because she had received permission from the court to miss her hearing so she could work. She recently returned to work at a gum factory in Rockford where she has been employed for seven years. She was unable to work for many months after the accident due to injuries she sustained in the crash, including a broken pelvis, ribs and a leg, according to her attorney.
Court records indicate Stokes was eastbound in an SUV on Wisconsin 11 on Aug. 8 when her vehicle swerved over the center line, colliding head-on with a vehicle driven by Antone C. Grawehr. Grawehr and his wife Alma, 82, were driving home from their son's wedding in Milwaukee when the crash took Antone's life. Alma sustained serious injuries, including a wrist fracture.
Antone died on scene due to cardiac arrest after the force of the crash crushed his legs, broke his ribs, fractured his pelvis and left him with multiple lacerations and head injuries.
Stokes has a pre-trial conference set for June 3.