UPDATED: Driver in Fatal Crash to Fight Suspension

UPDATED: Aug. 19, 4 p.m.
According to a new report from the Daily Herald, officials have also charged Kisla with driving under the influence of painkillers. Read their full story here.

Original story:
The Lisle man at the time of a fatal crash with a pedestrian says his blood-alcohol content didn't break the legal limit and that police didn't properly arrest him, court records show.

James Kisla, 51, was charged with aggravated drunken driving after his 2006 Dodge Caravan hit Naperville resident Donna Early near Yackley Avenue and Ohio Street around approximately 10:30 p.m. on July 3, authorities allege.

The intersection was being used as an exit point for the Eyes to the Skies festival at the time. Early died several hours after being struck.

Kisla, free on $300,000 bail, is fighting an automatic suspension of his driver's license - a move typical in DUI cases - because police "did not have reasonable grounds to believe I was driving or in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs," according to court documents filed by Kisla's attorney, Donald Ramsell.

Kisla also contends he did not refuse testing and that the results "did not indicate a blood concentration of more than .08, " which is the legal limit in Illinois.

Ramsell could not be immediately reached for comment on Thursday. Kisla's suspension is set to begin Aug. 18. Records show this is his first DUI offense, so he would be eligible for an in-car breath-testing machine.

Kisla's next court appearance is scheduled for Monday.