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Police chief claims state can't prove DUI

Associated Press - September 22, 2009 10:35 AM ET

VERGENNES, Vt. (AP) - The former Vergennes, Vt., police chief has asked a judge to throw out a driving under the influence charge that led to an investigation and his eventual resignation.

The Burlington Free Press reports Michael Lowe, who resigned earlier this month, claims the state can't prove that the prescription drugs he was taking made him unable to drive safely.

Lowe was charged with DUI after allegedly hitting a parked car with an unmarked police cruiser in June.

A toxicology test found he had several prescription drugs in his system at the time of the crash.

Lowe was later charged with embezzlement, neglect of duty, possession of a depressant, stimulant or narcotic and two counts of fraudulently obtaining a prescription drug.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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