Glenda Rumsey is charged with manslaughter.

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Statements allegedly made to police by a Tucson woman accused of killing a teenage bicyclist in an alcohol-related crash cannot be used against her at trial.

Pima County Superior Court Judge Richard Fields ruled Wednesday that Tucson police Detective Shane Barrett violated Glenda Rumsey's right to counsel the evening Jose Rincon, 14, was killed.

According to authorities, Rincon and his friend, Oscar Perez, were riding their bicycles east on Broadway near Vozack Lane on the East Side around 7:20 p.m. Jan. 12 when Rumsey struck both teens with her car.

Rumsey continued driving but stopped a quarter-mile later after a witness flagged her attention by flashing his lights and honking his horn. She then walked back to the scene of the crash.

Rumsey's blood-alcohol content tested at 0.249. The state's legal limit is 0.08.

Rumsey is charged with manslaughter, aggravated assault, leaving the scene after causing a fatal crash and driving under the influence.

Defense attorneys Michael Bloom and Stephen Barnard asked Fields to prevent Deputy Pima County Attorney Mark Diebolt from using two statements Rumsey allegedly made after she'd been taken to a substation to have her blood drawn for testing.

According to court documents, Rumsey expressed surprise that an officer would be drawing her blood and when he replied he had been cross-trained in several areas, Rumsey allegedly laughed and stated, "Don't mind me, I'm drunk." She then allegedly stated, "Must be a slow Saturday; I'm the only drunk in here tonight."

The officers knew Rumsey's attorney was on his way to speak with her at the scene and yet purposely drove her to the substation, preventing her from consulting with him, the defense attorneys argued.

Diebolt noted, however, that Rumsey had a six-minute telephone conversation with her attorney at the scene.

The judge ruled the police did nothing wrong by taking Rumsey to the police station, but Barrett violated her rights when he told her she would not be allowed to speak with her attorney until after the first of three blood draws was taken.

"Had detective Barrett not informed the defendant of his intentions to restrict her right to counsel, this court might consider the six-minute conversation the defendant had with her attorney at the scene of the incident adequate," Fields wrote in his ruling.

Moreover, Rumsey's attorney testified at a recent hearing that he told Barrett he intended to tell Rumsey not to speak with police — leading Fields to believe he may not have told her that on the phone.

Fields also ruled Wednesday that Bloom and Barnard will be allowed to argue that the design and construction of the roadway where the crash took place may have played a role in the boy's death.

The defense attorneys say that because of mistakes made during a roadway improvement project, the bike path the boys were riding in ended up within a merging area.

Rumsey's trial is scheduled to begin Dec. 1.