Judge Throws Out DUI Test In Crash That Took Teen's Legs

By: KAKE News (KCTV) - Email
By: KAKE News (KCTV) - Email

Friday, October 11, 2013

It was a crash that changed a University of Kansas student's life forever. Now a judge has thrown out a key piece of evidence in the case against the driver accused of hitting him.

The KU student, Colby Liston of Derby, lost both of his legs in a car crash last year, and now his father worries the ruling could affect DUI cases across the state.

"With this decision, now other judges and defense attorneys are going to use this to try and get their clients out of being involved in DUI crashes. Which is what the state law was set up to do. To get blood draws without warrants. It's a state law," said Matt Liston, Colby's dad.

Douglas County District Judge Kay Huff granted a motion to keep the results of a blood test out of court, because there was no warrant issued after Julian Kaszmaul refused a blood test to check for alcohol.

"My confidence in Douglas County is nothing. I have no confidence left in anything they'll do in Douglas County," Matt Liston said.

Police said Colby Liston was standing behind a car parked in a lane of traffic when another car driven by Kuszmaul crashed into the parked car, crushing Colby Liston's legs. Doctors had to amputate both legs.

"He's back at the University of Kansas, he's doing very well, pursuing a degree in petroleum engineering. Just loving life up at KU. Just a 19-year-old as normal as everyone else," Matt Liston said.

The college student's father said he's still very disappointed that the blood alcohol test won't be admitted in court. Officers at scene last August said there was a strong odor of alcohol coming from Kaszmaul.

Douglas County District Attorney Charles Branson said his office is reviewing the ruling and debating whether to appeal it or go to trial on Oct. 22 without the blood test results.

Source: KCTV


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