The case was decided Thursday by written stipulation between Cremers; his lawyer,
Under the agreement, Cremers admitted that his license was suspended, but Brown agreed he could not prove Cremers knew at the time of the crash that his license was suspended.
"This is not a good or perfect result," Brown wrote in a letter to Berz supporting the stipulation. "Unfortunately, this is the only result possible and represents what the state could prove at trial."
"It is abundantly clear to me that
Cremers was arrested after the crash on a tentative charge of homicide by drunken driving, a 25-year felony. A blood test found, however, that his blood alcohol concentration was 0.047%, well below the 0.08% threshold for drivers under
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Under the stipulation, Brown agreed that although Cremers' driver's license had been suspended by a municipal court in
The municipal court file indicates Cremers was not sent a notice that judgment had been entered against him for the ticket, according to the stipulation.
"No evidence exists that
Cremers was ticketed in
A criminal complaint states that
A witness told police he was a passenger in an eastbound car that had spun out and struck the Beltline's inner concrete barrier. He said another man, identified as Truman, stopped to help, the complaint states. Another vehicle, a red Ford Escape, then struck the crashed car on the passenger side door, pushing the car against Truman.
Cremers told police he saw too late that a vehicle was stopped in the road, after a vehicle that was in front of him shifted to another lane. He said he veered onto the left shoulder but there was a vehicle there as well, and he could not stop to avoid a collision with it, the complaint states.
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