BOZEMAN, Mont. -

Attorneys for a Montana man who withdrew a no contest plea for the January 2012 crash that killed his wife now say they plan to ask that the vehicular homicide charge be dismissed.

District Judge Mike Salvagni on Monday denied a request by 40-year-old Michael Soule that he no longer be required to wear an alcohol monitoring bracelet.

Defense attorneys say they plan to seek dismissal of the charge, arguing it was not clear whether Soule or his wife, Jennifer Soule, was driving on the night of the crash.

They also argue the test that showed Soule's blood-alcohol level was nearly three times the legal limit was taken for medical treatment purposes, while a legal blood draw taken about two hours later showed his blood-alcohol level was 0.07 percent.