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Child killed by car, driver wants evidence thrown out

CINCINNATI (Jeff Hirsh) -- Lost in translation.
   
That's one of the arguments lawyers for an accused drunk driver are using to keep her out of prison.  Police say 36-year-old Sheba Basabose, a native of Rwanda, was under the influence when she plowed into a mother and three children out for a walk.  One child died.

The crash happened on McHenry Avenue in Westwood around 4:45 in the morning back in October 2012.  The case has seen lots of motions and continuances but finally made it into the court room Thursday morning.  Police say Basabose blew a .133 blood alcohol content on the intoxilizer breath test.  The legal limit is .08.
   
Joycelyn Astin and her three children were out walking on the sidewalk when a car smashed into them.  Three-year-old Rodriguez Taylor was killed.  Basabose's lawyer says his client did not receive the proper Miranda warnings against self-incrimination.  And also questioned how the breath test was given and the qualifications of the police officer doing it.
   
The prosecution and the police say everything was done properly, "This was not just an OVI violation that we were investigating.  This was a fatal traffic accident that we were investigating."

"I had an odor of alcoholic beverage, bloodshot eyes, accented speech, there was a single car crash and her admission to consuming beer," Mike Flamm of the Cincinnati Police said.

In a recorded interview with police, Basabose said she only had one beer.  She also said another car came at her that morning, apparently causing her to swerve. 

No decision yet from Judge Robert Winkler on whether the evidence is in or out.  He will rule in late May.

Basabose has other potential troubles along with the aggravated vehicular homicide charge.  She could also face deportation.



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