Drunk driving suspect asks judge to throw out some evidence

Mary Olivas was a mother of five children who had so much to live for,  but prosecutors say her life came to a violent end in October of 2015

Prosecutors say Brian Defreitas was driving drunk when he ran Olivas off the road.  Olivas was ejected from the car and was killed. Her two young kids survived the crash, but have a long recovery ahead.

Defreitas' defense team wants to have some evidence thrown out in the case before a jury gets to hear it.

Some of the evidence includes a blood sample taken by officers which the defendant says was obtained illegally, without a warrant.

But Monday a judge denied Defreitas' motion saying the circumstances that night made a warrantless blood draw appropriate.

The defense also argued officers could have taken advantage of electronic warrant technology that allows a judge to email a warrant within minutes, saving hours in the process.

But as Fox 13 has previously reported e-warrants were just launched this summer, by then DeFreitas was already in jail facing DUI manslaughter charges.

The defense also asked the judge to exclude the fact that the defendant refused a field sobriety test.
The judge denied that motion too.

A trial date has not been set at this time.