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Published: Wednesday, 3/12/2008

Vehicular-death trial is reset after reversal

A trial date of April 9 has been set in Lucas County Common Pleas Court for Lance Kincaid, whose previous conviction for aggravated vehicular homicide and aggravated vehicular assault was overturned by Ohio's 6th District Court of Appeals.

Kincaid, 44, remains free on his own recognizance, but is being electronically monitored. As a condition of his bond, Kincaid must take regular Breathalyzer tests.

Kincaid is charged with causing the Feb. 15, 2005, drunken driving crash that killed Gertrude Koepke, 81, and severely injured one of her passengers.

In 2006, he entered pleas of no contest, was found guilty, and was sentenced to a total of five years in prison.

The case was returned to Common Pleas Court after the appellate court ruled that Kincaid's blood-alcohol content percentage should have been suppressed during his court proceedings.

The ruling means that if Kincaid goes to trial, a jury will not be made aware of his blood-alcohol content or whether it was above Ohio's 0.08 percent legal limit.

Authorities said his blood-alcohol content was 0.136 percent at the time of the crash, nearly twice the legal limit.

The appellate court ruled that the prosecutor could not prove the blood had been handled properly before being tested, resulting in the overturning of the convictions.

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