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Shelby Township — Attempts to throw out evidence and dismiss the drunk driving case against Eminem’s ex-wife have been denied by a judge.

Kim Mathers appeared in 41A District Court on Thursday, nearly eight months after being charged with operating a vehicle while intoxicated.

Mathers’ attorney, Michael Smith, filed motions to dismiss the case and suppress evidence, including a search warrant and the blood alcohol test taken at the hospital after the crash.

Smith said the same officer who asked for Mathers’ consent to take the test also filed a report saying Mathers appeared to have a mental illness.

“You’re saying someone has a mental illness and they should be hospitalized and you’re asking them questions,” Smith said. “I think that’s a little bit too much. I don’t think you will find a lot of people who say that’s a good consent.”

Smith also argued the search warrant used to take the blood alcohol test was faulty because it didn’t have Mathers’ name on it and the judge who signed it was from a different district.

Judge Douglas Shepherd disagreed, saying the search warrant was valid and Mathers properly consented to the blood alcohol test.

Mathers, 41, admitted to drinking a fifth of Malibu rum before the crash on Oct. 7, 2015, at 23 Mile and Card, police reports say.

According to 911 reports, Mathers smashed her black Cadillac Escalade into a ditch, hit a utility pole and landed upside down.

Mathers told a local radio station the crash was a suicide attempt.

“I did this on purpose, and I’m so sorry. I never lied to (first responders). I told them everything that I did,” she said on air, adding, “I didn’t expect to make it out alive.”

The case became controversial earlier this year when Mathers’ court records were sealed. It raised questions about whether Mathers was getting special treatment.

But Mathers said in the radio station interview the court records were sealed, not because of her status, but because the incident was a suicide attempt.

“After I realized how much drama it was causing, I willingly unsealed the files so that everybody can know my personal business, yet again,” she says.

Mathers has a pretrial hearing set for 1:30 p.m. June 13 and a trial scheduled for 8:30 a.m. July 20.

nterry@detroitnews.com

(313) 222-6793

Detroit News Staff Writer Stephanie Steinberg contributed.

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