Published: Nov 26, 2013 7:45 PM EST

FORT MYERS, Fla. --- New details in the case of a Lee County woman accused of hitting, dragging and killing a motorcyclist while driving drunk.

Blood alcohol and field sobrierty test results cannot be allowed at the trial of Donna Brown, because they were not taken properly under US Supreme Court Law.

Brown is accused of dragging motorcyclist Edward Patrick for three miles down US 41 in Estero, back in May.

Investigators say her blood alcohol level was more than three times the legal limit, and she had marijuana in her system.