ROCKLAND, Maine — The district attorney’s office has asked the court to revoke an agreement reached with a Rockland woman who admitted earlier this year to drunk driving charges in a crash that nearly killed the other motorist.
Assistant District Attorney Jeffrey Baroody has asked the court to revoke both the bail and the deferred disposition reached in March with 40-year-old Amanda M. Simmons.
The prosecutor said the decision was made to seek revocation of the agreement because the counselor for Simmons sent a letter to the district attorney’s office saying that Simmons had refused to take urine tests to make sure she was not using any banned substances. In addition, Simmons had said she didn’t need the counseling, the counselor told the prosecutor.
Defense attorney Dale Lavi said he and his client deny those claims. Lavi said Simmons never refused to take tests and that the counselor was unsure of what was required.
Simmons was arrested late last week after the state filed its revocation request with the court.
Justice Daniel Billings agreed to the defense’s request that she be released back out on bail until a hearing is held on the merits of the state’s claims. Simmons will first have to enter into a contract with Maine Pretrial Services before being released, Billings ruled.
The hearing has been scheduled for Aug. 24 in Knox County Unified Court.
Simmons pleaded guilty in March to aggravated operating under the influence and aggravated driving to endanger.
The deferred disposition called for the two felony charges to be dismissed and Simmons to be convicted of misdemeanor OUI and driving to endanger charges if she refrained from criminal conduct during the next 12 months. At that point, she would be sentenced to 364 days in jail with all but 90 days suspended.
During the year, she is not allowed to drive a car, is barred from drinking, and must undergo substance abuse counseling.
Simmons was driving a car on Route 90 on the evening of Nov. 1 when her car veered into the oncoming lane and struck head-on a vehicle driven by 61-year-old Lynn Vogt of Woburn, Massachusetts. One of the first responders was Rockland Police Officer William Smith, who also is an emergency medical technician in Rockport. Vogt was in a lot of pain and at one point became unconscious, stopped breathing and had to be revived. The woman has suffered long-lasting injuries that have made it difficult for her to walk.
A blood-alcohol test found Simmons’ level at 0.25 — more than three times Maine’s legal limit of .08 for operating a vehicle.