Apparent test confusion doesn't stop charges
CHICORA — An argument over whether a test was taken with blood or urine was not enough to stop a felony case against a Pittsburgh woman Monday.
Kimberly Ann Summers, 29, appeared virtually before District Judge Lewis Stoughton.
She is charged with 12 various offenses, led by two felony counts of aggravated assault with a vehicle and two misdemeanor counts related to a DUI involving a controlled substance.
Summers was charged after her alleged intoxication caused a two-vehicle accident Oct. 7 that injured two other people in the other car.
Summers' public defender, Michael McFarland, argued to dismiss the DUI charges because the test results showing the drugs were not confirmed to have been taken using blood. He said it's possible urine was used for the test, which is not usable in Pennsylvania courts.
“I would say at this point, it's not really definitive,” McFarland said. “Without that, we just have an accident here.”
Assistant District Attorney David Beichner referred to the testimony of State Trooper Christopher Callahan, who said he “believed” it was a blood test.
“The report speaks for itself,” Beichner said.
According to Callahan, the tests were done at UPMC Presbyterian Hospital, where Summers was being treated for injuries she received during the crash, including a head injury that was bleeding.
The report concluded that Summers' blood contained amphetamines, opioids, cocaine and benzodiazepine.
Callahan also testified to drug paraphernalia found inside Summers' purse inside the car. Prompted by cross-examination, he also noted that this was done without permission and without a warrant because he was looking for her insurance information.
5Callahan also gave some information about the others in the crash, who later testified.
The driver, the older of the two men, said he spent two days in an intensive care unit as part of his seven-day hospital stay. He said those injuries included a head injury and broken ribs.
“There was a hole in my head and blood on my brain,” the driver said.
The passenger said he missed about 20 days of work because of a severe ankle sprain, strained knees and a sprained back. He said he also had a large cut on his face that has become a scar.
“I was LifeFlighted, and I received 12 to 15 stitches in my face,” the passenger said.
Stoughton forwarded all the charges against Summers to the County Court of Common Pleas, where Summers will appear June 21 for a formal arraignment.
