Josef Slezak, a Chicago-area trucker charged in a deadly crash in western Nebraska, is challenging the findings of his preliminary hearing.
Slezak's defense attorney, Kelly Breen, argues the case isn't strong enough to justify sending it to trial.
Police believe the Illinois man whose tractor-trailer hit a car stopped on the Interstate suggests that he may have fallen asleep.
A Nebraska state trooper testified in Cheyenne County Court that Josef Slezak, the driver of the tractor-trailer, had been on duty for nearly 15 hours when he crashed into the back of a car on Interstate 80.
Authorities believe fatigue was a factor, because Slezak didn't slow down before the early-morning crash. Slezak had previously said that he didn't slow down because his cb radio wasn't working and he didn't know about the stalled traffic on the Interstate.
The car Slezak's truck hit was driven by Christopher Schmidt, of Gaithersburg, Md., whose car then pushed into another vehicle that was carrying his pregnant wife, Diana Schmidt, and their two children. The family was killed.
Slezak is charged with four counts of manslaughter and five counts of vehicular homicide. A hearing is set for Nov. 7.