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Evidence challenged in driving fatality

CORRECTION: The headline of this story on Page B3 in Friday's print edition erroneously referred to the incident as a hit-and-run. The driver of the SUV, Daniel Dougherty, of Hermantown, remained on the scene after the accident. The News Tribune ...

Daniel Dougherty
Daniel Dougherty

CORRECTION: The headline of this story on Page B3 in Friday's print edition erroneously referred to the incident as a hit-and-run. The driver of the SUV, Daniel Dougherty, of Hermantown, remained on the scene after the accident. The News Tribune regrets the error.

The attorney for a Hermantown man charged with driving under the influence of a controlled substance and running a red light in an accident that resulted in the death of two men has requested a hearing to challenge the evidence against his client.

Daniel Dougherty, 51, operator of Dougherty Funeral Home in Duluth, is accused of driving under the influence of Ambien, a prescription sleep aid, and causing the March 16 crash on U.S. Highway 53 in Hermantown. He's also charged with careless driving, failure to obey a traffic control signal and speeding.

The defendant has pleaded not guilty.

Duluth attorney David Keegan requested that a hearing be scheduled for him to challenge the admissibility of evidence gathered against his client. Judge Sally Tarnowski scheduled the hearing for Feb. 12.

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Dougherty crashed his GMC Yukon broadside into a Toyota Camry driven by Timothy John Schlies as it crossed Highway 53 on Arrowhead Road. Schlies died at the crash scene. His passenger, Hans Champney Warren, was critically injured and later died in a Duluth hospital.

The vehicle speed data from Dougherty's vehicle indicated he was traveling 58 mph in a 50 mph zone five seconds before the crash.

All four of the charges against Dougherty are misdemeanors, punishable by a maximum penalty of

90 days in jail and a $1,000 fine. The guideline penalty is a presumed stayed sentence at the discretion of the judge and non-jail probationary sanctions.

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