Pre-trial hearings in the case of a deadly collision involving a former EMT and reserve deputy were delayed again on Wednesday.

Justin Whaley is accused of causing the crash, which killed James Brumlow in 2018.

Whaley, a former EMT and reserve deputy, is accused of driving drunk.

During a hearing on Wednesday, the defense argued a matter of timing when it came to Whaley's toxicology screen. They say a test for Whaley’s blood alcohol content was taken too long after the incident happened.

The test showed a BAC of 0.02%; however, Whaley's attorney says it was taken four hours after the crash.

“This is not two hours and five minutes. This is four hours. He’s on the scene the entire time, there’s no explanation,” Whaley’s attorney Lee Davis said.

Judge Barry Steelman pushed back a decision in that matter. But there was a win for the state during the hearing.

Judge Steelman ruled evidence from a search warrant was admissible, after arguments over the basis for the warrant.

“While the affidavit could’ve been more artfully drafted and to avoid this litigation, it does not fail to establish probable cause,” Judge Steelman said.

Discussions about the blood test will continue on September 25.

The defense has also asked for an out of county jury. Judge Steelman didn’t make a decision on that on Wednesday.

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