LAS VEGAS -- The I-Team has obtained documents that could mean trouble for the Clark County District Attorney's case against Gary Hosey Jr., the driver of the car that plowed through a bus stop last week that killed four people.
Friday morning Hosey's defense attorneys will bring up blood tests showing Hosey's alcohol level below the legal limit of .08 shortly after the crash.
The battle over blood tests could complicate the felony case.
The legal limit of .08 is the number the law says makes a motorist too drunk to drive under any circumstance.
The district attorney's criminal complaint against Hosey filed Thursday said blood tests indicate he was over that limit shortly after the bus stop crash.
The results of the blood tests that the I-Team obtained show that's not accurate.
Three hours after the crash, Hosey's blood alcohol level tested at .05.
A prior test two hours after the crash shows Hosey's blood alcohol level tested at .06
Hosey's defense team said this proves Hosey was not legally driving under the influence.
Hosey maintains he had one beer before the deadly crash.
Prosecutors declined to talk to the I-Team until Friday's hearing.
Prosecutors might point out that blood alcohol levels decrease over time and that Hosey's blood alcohol content could have been over the legal limit at the exact time of the crash.
Hosey also tested above the legal limits for marijuana in his system. Nevada has one of the lowest legal limits in the country.
The test results indicate he had used marijuana, but it is unclear when he last used the drug.
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