PITTSBURGH (KDKA) -- A woman charged in a fatal hit-and-run that happened in Ross Township appeared in court Friday, but her attorney claims it was the victim who caused the accident.
Her attorney argued Friday, however, that Menner was the one who caused the accident.
"If you have .294 blood alcohol and potentially something else in your system and you're crossing a road at night in the dark while it's raining, you can contribute to the actual accident," defense attorney Phil DiLucente said.
DiLucente wants the victim's blood alcohol admitted into evidence, but the District Attorney says it's not relevant.
Judge Beth Lazzara told DiLucente, "I'm not understanding your issue here."
Lazzara also told DiLucente she was "somewhat skeptical" and she didn't believe causation is relevant.
"This was not a character assassination attempt because he was over three times the legal limit and driving to another bar," he said. "We were simply trying to put forward that the jury needs to hear all the facts."
The judge will issue a final ruling before the trial begins later this month.
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