Driver charged in auto-ped accident that left a teenager with serious brain injury appears in court

It's a story you first heard here on FOX 7: delayed justice.

A family's frustration that it's been nearly three years since their teenager was run over and still no trial for the woman charged.

Both sides were in court Wednesday.

The defense attorney wants to have the evidence against his client dismissed because he says the austin police department mishandled it.

During the entire court hearing, Lauren Cherry never once acknowledging her victim Kia Smith. Smith was left with a traumatic brain injury after Cherry, suspected of driving drunk, allegedly ran her over in August 2012.

It was part of a hearing to determine what if any of the evidence against Cherry will be admissible.

In the dashcam video recorded from that night, you can hear Cherry say she hit someone and had been drinking.

Her lawyers say the case has been botched from the beginning. They allege all of the evidence and her arrest was unlawful.

The arresting officer said his dashcam video was accidentally erased days after the arrest.

"We may never know what happened that night. There are various stories that happened that night," said Cherry's attorney, Steven Lee.

In court Wednesday, Cherry's defense tried to question a consent form police say she signed when her blood was drawn, as well as the sample itself.

The lawyer had alleged that it was lost too but the prosecution produced the form in court.

Cherry was booked for DWI but was later charged with failure to stop and render aid because she allegedly left the scene of the crash but later returned.

"To me the facts are she was drunk. My daughter suffered a brain injury that changed her life. I don't care about the little nit picky things they are trying to do to get her off, it doesn't matter the facts are there," said Smith's mother Kimberly Jenkins.

There are two more witnesses slated to testify, likely at the end of May then Judge Brown will make the decision which evidence is admissible.

The trial was supposed to get underway in mid-April but its start date hasn't been reset yet.

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