Motor Vehicle Homicide suspect wants blood test thrown out

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HASTINGS, Neb. (KSNB) A Hastings man whose car struck and killed a pedestrian claims police did an alcohol blood test against his will.

Nen Hoang Lam, 46, is charged with felony motor vehicle homicide and felony third offense drunk driving.

Hastings Police said the accident happened October 14, 2018, in the 1600 block of West 12th Street. A westbound Toyota Rav 4 struck Anthony Epp, 27, of Hastings, as he was either walking or skateboarding in the street. Epp died as a result of injuries from the crash. Hastings Police arrested Lam shortly thereafter and testing indicated a blood alcohol level above the legal limit.

Court records indicate that Lam's attorney wants a judge to throw out the results of the blood alcohol test. The attorney said police drew blood from Lam without his consent.

A court affidavit indicates that Lam gave officers verbal consent the night of the accident. A judge will hold a hearing April 25 on the motion to suppress the evidence.

If convicted on both charges, Lam could be sentenced to as much as 23 years in prison.