PARIS — The lawyer for an 18-year-old Brownfield woman charged in a fatal accident in March has asked that evidence related to the case be suppressed.

Edward Dilworth argues that police did not have probable cause or authority to arrest Tiffeny Hamlyn at her home on Shepards River Road, off Routes 5 and 113. He also said police would have had to enter the property to observe damage to a vehicle, and that Hamlyn was not notified of a subpoena issued to U.S. Cellular by the grand jury.

Hamlyn was indicted in April on charges of manslaughter, aggravated criminal operating under the influence and leaving the scene of an accident. She is accused of striking 23-year-old Tiffany Hamilton of Fryeburg with a 2000 Jeep Grand Cherokee on the evening of March 26 as Hamilton was walking along Route 113 to a cousin’s house. Hamilton, who was about 75 feet from her home, died of her injuries the next day.

According to police affidavits, Hamlyn told police she took her eyes off the road to adjust the radio and thought she may have hit a pothole or mailbox. She said she saw the damage when she returned home, and got scared after hearing about a hit-and-run accident on a scanner there. Hamlyn also told police she drank some vodka and went to bed.

Hamlyn’s blood alcohol level, when tested at the Oxford County Jail four hours after the accident, registered .17 percent, which is move than twice the legal limit of .08 percent.

Dilworth is requesting that evidence gathered from search warrants for the vehicle and cell phones at the home be suppressed. According to one warrant, a friend of Hamlyn’s told police that Hamlyn texted and called her after the accident to say she was worried she had hit someone and would turn herself in to police. Assistant District Attorney Joseph O’Connor also said at Hamlyn’s arraignment that he thought that text messages from Hamlyn’s phone demonstrated that she was “routinely driving drunk.”

Dilworth said there is a “complete lack of specific, verifiable information” that evidence would be found at Hamlyn’s home or vehicle. He also said it was not established that Hamlyn knew she had hit a person or that the Jeep was damaged enough to require her to report an accident.

Dilworth also argued that the Fryeburg Police Department did not have the authority to arrest Hamlyn, because her home is in Brownfield. According to the affidavit, a Fryeburg officer made the arrest and was accompanied by two Oxford County Sheriff’s Office deputies when he went to the house.

In addition, Dilworth said police did not have a warrant to go onto Hamlyn’s property, and that the damage to the Jeep was not visible from the road. He also said police did not verify the credibility of an anonymous caller who gave Hamlyn’s name, address, and vehicle description after the accident.

Hamlyn is free on $1,000 bail with conditions that she not use or possess alcohol or illegal drugs and not drive a vehicle unless properly licensed.

mlangeveld@sunjournal.com