By CBSBoston.com Staff

SALEM, N.H. (CBS) – A man accused in a crash that almost killed a little girl in Salem is fighting to have evidence thrown out in court.

Police said Scott Dowd was drunk when he crashed into a granite mailbox, sending it into a home and hitting a 5-year-old girl inside.

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Police received multiple 911 calls about the crash on a Saturday afternoon in July. The 2019 Acura RDX was heading south on Silver Brook Road when it went off the road and crashed into the home. Dowd was found passed out and trapped in his car.

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On Wednesday, his lawyers argued that his blood, taken at the scene, was collected without his consent. The judge is considering if the blood should be used as evidence.

The girl was medflighted Tufts Medical Center in Boston after a good Samaritan stopped the bleeding good Samaritan stopped the bleeding in her neck. She underwent emergency surgery to repair an artery in her neck, a broken jaw and several deep facial cuts. She is home recovering.

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The house was unlivable after the crash.

CBSBoston.com Staff