Lora Whitmore of Bozeman was charged with negligent vehicular homicide after 56-year-old Chong Suk Everett was struck and killed as she was walking home from work on Nov. 11.

Whitmore's attorneys have filed a motion to dismiss the case and say their client passed every physical field sobriety test and refused to take a breath tests at the scene. Yet, they say, she was still taken to a Bozeman hospital where a blood test was forcibly administered.

The attorneys say a Belgrade detective misinformed Whitmore when he told her "she didn't have (the) option" to refuse the blood test, which court documents say showed her blood-alcohol content at 0.14 about 90 minutes after the accident. They also say Whitmore requested an attorney during police questioning but was not provided one.