Woman charged in DUI deaths of LMPD officer and another man wants alcohol blood test thrown out
On June 8, an attorney for Suzanne Whitlow will ask a Fayette Circuit Court judge to thrown out the evidence because blood was drawn from Whitlow without her consent while she was in a hospital after the Oct. 29 wreck.
LEXINGTON, Ky. (WDRB) -- The Lexington woman accused of killing a Louisville Metro Police officer and another man in a drunken driving wreck in October has asked a judge to suppress a blood test showing she was intoxicated while driving, according to court records.
On June 8, an attorney for Suzanne Whitlow will ask a Fayette Circuit Court judge to throw out the evidence because blood was drawn from Whitlow without her consent while she was in a hospital after the Oct. 29 wreck.
Whitlow admitted to police she had “multiple” drinks before getting behind the wheel, according to her arrest report.
After driving “up on the sidewalk” and killing LMPD Detective Jason Schweitzer and University of Kentucky employee Timothy Moore on Oct. 29, Whitlow told police she had several “Vodka and cranberry” drinks.
The arrest citation said Whitlow had slurred, incoherent speech and a “strong odor of alcohol.”
Because Whitlow was injured, police did not give her a portable breathalyzer test, instead taking blood from the hospital.
But in a court filing late last month, Lexington attorney Jerry Wright, who represents Whitlow, argues that officers violated her rights by failing to get a search warrant. A judge signed a court order allowing the hospital to take blood from Whitlow, but Wright claims that "no such authority" exists under state law for police to get such an order.
Wright cites a U.S. Supreme Court case which ruled “a warrantless blood test was not reasonable” unless the defendant consented.
Whitlow was alone in her vehicle at 2:34 a.m. when she "left the roadway" on Upper Street in Lexington and hit Schweitzer, 37, and Moore, 56, according to a police report.
She has been charged with two counts of second degree manslaughter and one count of driving under the influence.
The same month as the fatal wreck, Whitlow, 26, was issued a certificate of compliance for finishing classes required for a 2014 DUI, in which her driver's license was suspended for 45 days and she was ordered to pay fines and court costs of more than $700.
Whitlow had been pulled over on Aug. 1, 2014 for driving 22 miles per hour over the speed limit with a blood alcohol level above the legal limit, according to court records. After initially failing to appear for court, Whitlow was ordered to attend DUI classes in July. The case is still listed as pending in court records.
Besides the DUI two years ago, Whitlow was arrested on felony forgery charges in 2009 and pleaded guilty the next year. She was sentenced to time in prison but was given five years probation instead.
In November 2009, Whitlow was convicted of misdemeanor theft for shoplifting at a Walmart in Lexington and spent three days in jail.
In 2014, Whitlow was accused of violating her probation but did not come back to court until January of this year, when she was charged with driving on a suspended license. She was convicted of that charge.
Whitlow was ordered to serve 90 days in jail and given work release.
Fayette County Attorney Larry Roberts has refused to talk about the Whitlow case.
On her Facebook page, Whitlow put up a post last December that she said was "replacing my heart with another liver so I can drink more and care less."
Detective Schweitzer began working for the Jefferson County Police Department in November of 2001. He was a detective in LMPD's 6th Division. Schweitzer, was also the vice president of the River City FOP Lodge 614. He began serving in that role in 2010.
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