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Driver Will Not Face Felony Charges

Driver Will Not Face Felony Charges
StateCollege.com Staff

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Katherine Anne Applegate faced preliminary hearing yesterday for an accident that occurred on Decemeber 2 on East College Avenue.  At the end, a felony count of aggravated assault while driving under the influence was dismissed, though charges of DUI, accidents involving death or personal injury, and failing to obey driver’s license restrictions will go to trial, said District Judge Carmine Prestia.



Applegate, 23, was allegedly driving with a .208 percent blood-alcohol content when her vehicle struck Michael Drauch, 18, as he stumbled into the roadway and attempted to cross the 600 block of East College Avenue at arond 1:45 a.m.



Borough police officers testified that evidence did not show that Applegate was speeding. However, she was driving without contacts or glasses, as indicated on her New Jersey driver’s license.



Applegate’s lawyer argued that intoxication cannot be found as the cause of the accident.



The driver testified that she did not see Draugh until he was on the hood of the car.  After striking him, she continued on, and pulled over nearly a mile up the road, saying it was the first possible place to pull over, despite other turn offs and parking lots.



Applegate and another passenger testified that they were then heading back to the crash scene.  Police stopped and took Applegate into custody near the Ford Explorer she had been driving.