DUI Charges dropped; TBI investigates toxicology mistake - WRCBtv.com | Chattanooga News, Weather & Sports

DUI Charges dropped; TBI investigates toxicology mistake

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CHATTANOOGA, TN (WRCB) -

A TBI investigation into one of their own leaves charges dismissed for one local man.

Kyle Bayer worked for TBI for a year and now his work is being questioned after results from a blood alcohol content test were found to be way off target.

"It's got the potential for very, very serious effect upon the lives of many individuals," said Jerry Summers, attorney.

Local police documentation shows a fatal crash that happened on March 16, 2013, when Dale Ferrell crashed into motorcyclist Ed Bankston. Bankston died at the scene.    

In the incident report it says Ferrell was driving under the influence.

TBI tested Ferrell's blood and said he had a blood alcohol level of 0.24.

Ferrell was charged with vehicular homicide.

However, the numbers weren't matching up after Ferrell's attorney, Jerry Summers, sent it off to be retested at an independent lab.

Summers says the results came back significantly different, at 0.001.

"You have someone who is absolutely, completely dead sober. That is a huge difference," said Lee Martin, DUI criminal defense attorney.

Charges against Ferrell were dismissed.

"Anyone that's been arrested, or if they've even been convicted within the past year, they need to get with their lawyer and see about seeking a sample and possibly seeking an independent analysis of the blood alcohol results," said Summers.  

The TBI tells Channel 3, Kyle Bayer has been suspended while the investigation is going on.   

The TBI is waiting for the sample-in-question to be resubmitted in order to be retested.

They believe, at this time, it's an isolated incident.

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