VALENCIA COUNTY, N.M. (KRQE) – Lawyers for a man accused of driving an SUV through a parade in Gallup last August are asking the District Attorney (DA) to be barred from trying his case.

Jeff Irving is accused of driving through the Intertribal Ceremonial Parade with blood alcohol level three times the legal limit, injuring 15 people.

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His lawyer previously tried to get the special prosecutor on his case removed back in April, but that motion was denied. Now, they’ve filed a motion asking for the DA to be removed from the case.

They argued the DA shouldn’t be able to try the case because she doesn’t have the resources to do so.