Woman accused in traffic fatality passed DUI test, trooper testifies Westminster-area woman charged in Dec. death of girl waiting for school bus

September 24, 1996|By Mike Farabaugh | Mike Farabaugh,SUN STAFF

A Westminster-area woman, accused of driving under the influence in an accident that killed a 9-year-old schoolgirl in December, passed sobriety and Breathalyzer tests after the incident, state police said yesterday.

Trooper William Hyser testified in Carroll County Circuit Court that Lisa Ann McLain, 21, of the 200 block of Opal Ave. performed standard sobriety tests -- including a 30-second, one-legged stand, a heel-to-toe walk and an eye-gaze test -- "without any noteworthy problems."

McLain faces charges of manslaughter by auto, homicide by motor vehicle while under the influence of alcohol and other related traffic charges stemming from the death of Ashley E. Frazier. The fourth-grader at Spring Garden Elementary School was struck at the end of her family's driveway in the 2500 block of Coon Club Road about 8: 30 a.m. Dec. 22.

A preliminary Breathalyzer test given McLain at the scene showed a 0.04 percent blood alcohol content, said Tfc. Francisco Quisay, an accident reconstruction expert.

Under state law, a driver is considered under the influence with a 0.07 percent blood alcohol content level.

McLain, who told police she had had three to four beers between about 11 p.m. and 1: 30 a.m., was given a formal Breathalyzer test at the Westminster barracks about 11: 15 a.m.

The result of that test was 0.027 percent, prosecutor David P. Daggett said during his opening statement.

The troopers said McLain told them she was traveling 40 mph to 45 mph but slowed to about 25 mph when she saw a school bus as she drove east on Coon Club Road.

McLain told troopers she saw the girl running from the driveway but wasn't able to brake in time.

Brenda Frazier, the child's mother, testified that Ashley stopped at the foot of the driveway and leaned to look at the oncoming car as Frazier screamed, "Watch the car!"

Jennifer Windessheim, a neighbor and nurse who provided rescue breathing until an ambulance arrived, corroborated the mother's testimony.

Evidence of road marks on the bottom of the girl's left shoe showed otherwise, Quisay said. He said scuff marks on the sole of her left shoe and not the right means her left shoe was touching the road at impact.

"She was definitely in motion, running or walking, at impact," Quisay said.

Hyser said he believed the child was on the roadway by about 18 to 24 inches at impact.

The trial was to resume today and was expected to continue until Friday.

Pub Date: 9/24/96

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