A Bozeman woman who is accused of running down a pedestrian in Belgrade is asking that evidence suggesting she was driving drunk be thrown out.

Lora Whitmore, 31, of Bozeman was charged with negligent vehicular homicide after Chong Suk Everett, 56, was struck and killed as she was walking home from work last November.

Whitmore's attorneys have filed a motion to dismiss the case and say that their client passed every physical field sobriety test and refused to take a breath tests at the scene. But 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.

Court documents say showed her blood-alcohol content was .14 about 90 minutes after the accident. They also say Whitmore requested an attorney during police questioning but was not provided one.

The judge in the case has not made a decision on the motions. Whitmore is set to stand trial in March.