Lawyer questions details of DUI crash

Published: Aug. 7, 2009 at 4:01 PM

NEW YORK, Aug. 7 (UPI) -- A lawyer said Friday a woman accused of causing a deadly drunk driving accident in New York may not have been intoxicated before the July 26 incident.

Attorney Dominic Barbara, who represents the family of Diane Schuler, said on ABC's "Good Morning America" that Schuler was not intoxicated when she left a campground on July 26 and began driving against traffic on the Taconic State Parkway.

"I don't say that the report is accurate or not accurate," Barbara said regarding the police toxicology report in the drunk driving case. "What I say is that none of this case is logical. This is a woman who leaves a campground at 9 a.m. absolutely sober. ...We have video, we have tapes, we have people we spoke to."

Schuler was killed when her vehicle crashed into an oncoming sport utility vehicle on the New York highway.

Also killed in the accident was Schuler's daughter Erin and three of her nieces, along with three men in another vehicle.

A police toxicology report said Schuler, 36, had a blood alcohol content of 0.19 and also had elevated levels of THC, the active chemical in marijuana. There was also unmetabolized alcohol in her stomach.

"Good Morning America" said Barbara on Thursday blamed the deadly accident on a stroke suffered by Schuler because of an underlying diabetes condition.

© 2009 United Press International, Inc. All Rights Reserved.
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