(Independence, Iowa)  Former Iowa TV Reality star Chris Soules' attorneys are asking a Buchanan County judge to dismiss charges, claiming the law Soules is accused of violating is unconstitutional.

Soules is charged with Leaving the Scene of an Accident Resulting in Death.  Soules admits he rear-ended a tractor on a rural highway in April.  

Kenneth Mosher, was thrown from the tractor and died at the scene.  Soules called 911 and reported the accident, but is accused of leaving the scene before police arrived.  Soules' truck was left behind at the scene.  Prosecutors say open alcohol containers were found inside it.

Police spoke with Soules after getting an arrest warrant.  

Soules’ attorneys say their client fulfilled the basic requirement of the law when he called 911. They argue the requirement to return to the scene violates the 5th Amendment of the United States Constitution protecting a person from self incrimination.

No date to hear arguments on the motion has been set.   

Soules's trial is scheduled to begin January 18th, 2018.