Preston, MN (KROC-AM News) - A Fillmore County judge has issued an order denying requests to dismiss the most serious charges brought against the woman accused of driving impaired and causing the deaths of two young children in a crash involving an Amish buggy.
The defense attorney representing 36-year-old Samantha Petersen challenged 18 of the 21 criminal charges filed against her following the deadly collision between her SUV and the Amish buggy on Fillmore County Road 1 near Stewartville in September of last year. It is alleged that she was under the influence of methamphetamine and marijuana when the SUV smashed into the buggy as it was transporting four children to their rural school.
The collision claimed the lives of 7-year-old Wilma and 11-year-old Irma Miller. The two other children in the buggy suffered serious injuries.
Petersen's twin sister, Sarah Petersen, was also charged in the case. Sarah Petersen is accused of conspiring with her sister to trick investigators into believing that she was behind the wheel when the deadly crash occurred.
Court documents indicate that, in her bid to have the charges dismissed, Samantha Petersen did not challenge that she was the driver. Instead, her defense attorney argued that there was "lack of probable cause on various grounds; and to suppress the statement she made at the scene and any evidence obtained from a search warrant of her blood or urine."
The judge presiding over the case issued a ruling Thursday that upheld 17 of the charges contained in the criminal complaint. The judge did agree to dismiss two of the eight counts of criminal vehicular homicide and two of the eight counts of criminal vehicular operation.
The court order indicates the charges that were dropped involved operating a vehicle with negligence under the influence of a combination of alcohol and CDB and/or THC. In the ruling, the judge indicated that, while testing did find THC in her blood, "the circumstances shown do not eliminate the reasonable inference that Defendant was not under the influence of THC to any degree at the time of the crash."
THE DISMISSED CHARGES INVOLVED IMPAIRMENT FROM MARIJUANA USE
Samantha Petersen's next court appearance on the remaining charges has yet to be scheduled.
READ MORE: Deadly Amish Buggy Crash: Possible Plea Deal for Twin Sister
Her twin sister, Sarah, currently has a court hearing scheduled in early February. Fillmore County Attorney Brett Corson recently requested a continuance in the case and indicated that his office and the defendant were close to reaching a settlement to the charges against her.