OROVILLE, Calif. -

Charges have been modified for the teenager accused of killing a Chico State nursing student while drunk behind the wheel.

21-year-old Kristina Chesterman was riding her bike last September when it happened.

Riley Hoover’s attorney, Clyde Blackmon tried to convince the judge some of the evidence in the case was collected illegally.

Blackmon argued Tuesday morning the Chico police officer who took Hoover to Enloe Medical Center unlawfully entered his apartment on Nord Avenue. Prosecutors said the door was cracked and Hoover was extremely drunk and wasn't responding.

The defense also argued officers didn't have permission from Hoover to take his blood and breath samples. Prosecutors argued Hoover told officers, "Do what you have to do."

The defense also argued authorities didn't have the right to look through a postal box that had 100 bags of butane honey oil inside. The judge dismissed all of these motions.

“I was very pleased with that [decision],” said David Chesterman, Kristina’s father.

Finally, Blackmon argued there was not enough evidence to support a coma enhancement to Hoover’s charges which could add five years to a sentence. Blackmon argued Chesterman wasn't declared brain dead until 38 hours after the accident. The judge agreed.

“I don't necessarily agree with it but I’m glad he's standing trial for all the other charges,” said Chesterman.

The Butte County District Attorney’s Office is talking with the California Attorney General to see if they want to appeal this decision, but that would mean a delay of at least a year.