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Man pleads not guilty to vehicular homicide after fatal crash

LAKE ANDES -- An area man pleaded not guilty to vehicular homicide and DUI, 1 1/2 months after a one-vehicle crash that killed his brother. Albert Fischer, 25, of Lake Andes, pleaded not guilty on Monday to vehicular homicide, first-offense DUI a...

LAKE ANDES - An area man pleaded not guilty to vehicular homicide and DUI, 1 1/2 months after a one-vehicle crash that killed his brother.

Albert Fischer, 25, of Lake Andes, pleaded not guilty on Monday to vehicular homicide, first-offense DUI and a habitual offender charge, stemming from a one-vehicle rollover crash on at about 8 p.m. April 26 on Highway 50 northwest of Wagner. The crash killed James Fischer, 22, of Lake Andes.

Fischer was taken to Wagner Hospital, where a preliminary breath test allegedly revealed a blood-alcohol content of 0.173 percent. The legal limit to drive in South Dakota in 0.08 percent.

Vehicular homicide, a class 3 felony, is punishable upon conviction by up to 15 years in prison and a $30,000 fine. First-offense DUI, a class 1 misdemeanor, is punishable upon conviction by up to one year in jail and a $2,000 fine.

The habitual offender charge increases the maximum penalty for the other two offenses. Charles Mix State's Attorney Scott Podhradsky filed the charge against Fischer because Fischer was sentenced for third-degree burglary on May 5, 2012.

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Tim Whalen is serving as Fischer's attorney in the case.

Related Topics: CRIME
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