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Cycle driver charged after crash

Jesse Davis | Hagadone News Network | UPDATED 10 years, 6 months AGO
by Jesse Davis
| April 25, 2014 9:00 PM

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<p>Evergreen Fire Rescue responders put a cervical collar on Matthew Wise, who was injured in a motorcycle crash.</p>

 Kalispell woman is facing a felony charge after allegedly crashing a motorcycle while drunk, leaving her passenger with a broken neck and back.

Heidi Nickol, 46, is charged in Flathead District Court with negligent vehicular assault as a result of the April 21 crash.

Evergreen Fire Rescue personnel responded to Shady Lane shortly after 8 p.m. A court document states the responders found the motorcycle on top of Nickol, so they stood it on its kickstand to treat her and turn the vehicle off.

An investigation into the crash by a Montana Highway Patrol trooper determined that Nickol had failed to negotiate a slight left curve in the road and rode off into a ditch. Her passenger, Matthew Wise, was thrown from the motorcycle.

A court document alleges Nickol admitted to the trooper that she had been drinking at the Rainbow Bar.

The trooper said Nickol’s breath smelled of alcohol and her explanation of what happened did not make any sense and was contradicted by reports from several witnesses. That was not her only unusual behavior, according to the court document.

“At one point, Nickol acted as though she could not hear the trooper and appeared to pretend to fall asleep until he left,” the document alleges. “When medical personnel returned to ask her questions, she immediately became alert and answered their questions. Again, when the trooper approached, she exhibited the same mannerisms as before, pretending that she could not hear him.”

Nickol eventually was given a field sobriety test, which the trooper reportedly had to explain repeatedly. She reportedly failed one test and the trooper chose not to administer any further tests due to her injured knee and “inability to stand still.”

She then reportedly refused to submit a breath-alcohol test or to provide blood to be tested.

Nickol was arrested and booked into the Flathead County Detention Center on preliminary charges of felony negligent vehicular assault as well as misdemeanor driving under the influence of alcohol, driving with a suspended or revoked license and not having a motorcycle endorsement on her license.

The only charge officially filed against her was the felony.

Nickol was released from jail on her own recognizance by Justice of the Peace Dan Wilson although bond was set at $35,000. She was also ordered to take part in the 24/7 Sobriety Program and submit to two breath-alcohol tests each day.

If convicted, Nickol faces up to 10 years of incarceration and a fine of up to $10,000 as well as restitution to Wise.

An arraignment hearing is scheduled for May 13.

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