AUSTIN (KXAN) - Allegations that Rosemary Lehmberg left the scene of an accident the same night she was arrested for drunk driving have been withdrawn.
Austin attorney Rick Reed says he filed petition paperwork containing those allegations before other information was released to him.
He now does not believe Lehmberg was involved in the accident.
A 911 call on the night of April 12 was made some 4.5 miles from where deputies found Lehmberg inside her car in the parking lot of St. Luke's Episcopal Church at 5600 Ranch Road 620 in Northwest Travis County.
Reed, who ran against Lehmberg in the 2008 Democratic Primary, filed the documents in his bid to have the district attorney forced from office because of her DWI conviction. In the 63-page filing, Reed cites recordings of the 911 call made at 10:35 p.m. near St. Thomas More Catholic Church, 10206 RR 620.
From the documents, Reed says the 911 caller gave a description of Lehmberg's car and license plate.
The Travis County Sheriff's Office released the recording after media inquiries were made about Reed's court filings.
"We are conducting an investigation where it was alleged Rosemary was involved," sheriff's spokesman Roger Wade told KXAN. "So far, we have not found any evidence whatsoever that her vehicle was involved in a leaving the scene collision."
The 911 caller said his car was damaged when it was struck by an oncoming vehicle. The caller said he did not get a good look at the vehicle because it was dark outside, but said it might have been an SUV. Lehmberg was driving a Lexus sedan. The caller also said the vehicle came close to colliding with the car behind his.
Once the full recording was released, Reed backed off his earlier assertion that Lehmberg had been responsible for the collision. He said he based his initial claims on facts and information that was available at the time.
At the scene of the stop, Lehmberg also denied being in a collision that night. But audio and video from the night shows the deputies telling her that her license plate number had been called about erratic driving. They also pointed out that the front of her Lexus had smudged paint from what appeared to be another vehicle.
"What about the damage to the front of your vehicle?" the deputy asked Lehmberg, according to a transcript of the recording of the traffic-stop conversation included in Reed's filing.
"What are you talking about?" Lehmberg replied.
The deputy explained that he saw some damage to Lehmberg's car, and offers to show it to her. They went back and forth about the damage and calls from another motorist who took down Lehmberg's license plate number because of erratic driving. Lehmberg continued to deny being in a collision that night.
Meanwhile, a July 22 court date is set on whether legal action will be taken to remove Lehmberg from office.
The freezing and near-freezing rain that swooped into Central Texas overnight prompted numerous school closings and delays and made for a harrowing morning commute on Friday.
A man is charged with murder in the shooting death Wednesday of a woman at a North Austin auto repair shop, police said Friday.
A man is expected to survive after being stabbed in the head at the Salvation Army shelter in Downtown Austin at about 3:45 a.m. Friday.
As the Austin area prepares itself for an impending winter storm on Friday, Dec. 6, many schools have already announced delays.
With freezing temperatures pushing through the region, heating systems will likely be working overtime, which can bring rising energy bills.
Investigators are looking into an overnight fire that left one woman with third-degree burns.