Chris Soules' attorneys argue charge is unconstitutional

Defense attorneys for Iowa celebrity Chris Soules are arguing that the state law prosecutors accuse him of violating in a fatal hit-and-run crash earlier this year is unconstitutional.

Soules, 35, a former contestant on reality TV show "The Bachelorette" and star of a season of "The Bachelor," was arrested in April and charged with leaving the scene of a deadly crash, a Class D felony in Iowa. After legal wrangling over the specifics of the allegations, prosecutors last week filed new "trial information" amending the charge against Soules.

Soules is suspected of driving a pickup truck that rear-ended a Buchanan County farmer's tractor, killing the driver. Soules called 911 and identified himself, but then he left, authorities said. He was arrested a couple of hours later at his home, about six miles away, in rural Arlington.

On Tuesday, Soules' defense attorneys filed a motion seeking to dismiss the criminal charge, claiming that it is unconstitutional to expect Soules to incriminate himself by staying at the crash scene.

Iowa law requires a driver involved in a fatal accident to remain at the scene, except for going to seek necessary help. "After leaving the scene of the accident, a surviving driver shall promptly report the accident to law enforcement authorities and shall immediately return to the scene of the accident" or tell law enforcement where they are, the law states.

Soules' attorneys argue that this law violates Soules' privilege against self-incrimination under the Fifth Amendment of the U.S. Constitution, which states that no person "shall be compelled in any criminal case to be a witness against himself," according to a brief filed by Soules' lawyers.

Soules' attorneys also claim that the criminal charge against him violates his Fourth Amendment right to be free of unreasonable seizure. "By obligating an individual to return to the scene, (the law) certainly intrudes on an individual’s freedom of action," the attorneys wrote.

A Buchanan County District Court judge will consider Soules' motion to dismiss his charge at an Oct. 10 court hearing.

Soules has pleaded not guilty.

More:AUDIO: Soules made 911 call from fatal crash scene

Soules was arrested in the early morning hours of April 25 after authorities said he rear-ended his truck into Kenneth Mosher's tractor at about 8:20 p.m. April 24 while they both drove south on Buchanan County Road W45. Mosher, 66, of Aurora, died.

A 911 recording released by the Buchanan County Sheriff's Office shows that Soules called 911 and identified himself. He provided a 911 dispatcher with some information about the crash scene, and, after a few minutes, asked if he could call her back. Then the call ended.

Soules eventually left the crash scene by walking north and getting into another vehicle, which drove away, Sgt. Scott Bright, spokesman for Iowa State Patrol, said in April.

More:Chris Soules charged with felony in deadly hit-and-run

Soules was taken into custody hours later at his home. Officers had to get a search warrant to enter Soules' home, as he initially refused to come outside, Bright said.

Soules was booked into Buchanan County Jail and was later released after posting a $10,000 bail.

Soules appeared on the 10th season of ABC’s "The Bachelorette" in 2014 and was selected in early 2015 as the star for the 19th season of "The Bachelor."

The farmer brought his hometown of Arlington into the national spotlight as he starred in the dating reality show.

He later competed on “Dancing with the Stars” and the seventh season of Food Network's "Worst Cooks in America."

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