PORTLAND, Maine (NEWS CENTER) - A case originally believed to be one of the first ones in Maine where texting played a major role in a vehicle fatality may not play out that way.
In January 2012 a car being driven by Kristina Lowe went off the road, killing two passengers, 18-year old Logan Dam and 16-year old Rebecca Mason. Lowe told investigators she had been drinking and texting. Her attorney says the evidence shows Lowe was not texting and was not legally drunk.
"If you read her statement you would think that she was texting away while she was driving down the road. She wasn't. Or that she was really severely drunk when in fact she wasn't. So there's a lot of things that she said that are contrary to the evidence", said attorney Jim Howaniec.
Howaniec says his client was heavily medicated in a hospital bed when she made the statements to police and she had not been given her Miranda rights. He says phone records show she was not texting. A lower court judge ruled that the texting comments cannot be used against her in court. Lowe's attorney urged justices of the Maine Supreme Court Today to uphold that ruling.
Relatives of the victims say Lowe must take responsibility for what she has done and be punished accordingly.
"All these kids, everybody else's life is going to go on and ours just falls apart. She needs to take responsibilities for her actions. She didn't mean to do it but it happened she needs to take responsibility for her actions", said Debbie Sande, Logan Dam's Mother.
The prosecutor says the case is not based solely on the text statements. He said Lowes drinking, speed and even if she was just reaching for the phone, are all things together that would constitute a manslaughter charge. He did say however, if the text statements are inadmissible he would reconsider the charges.