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CHARLOTTE, N.C. -- Carlene Atkinson has not been able to drive since she was arrested for a fatal drag racing accident back in April of 2009.

On Thursday afternoon her attorney, Gentry Caudill, asked a judge to allow her to get back on the road.

She is now paying a bondsman. She s paying $675 in rent, and she needs to work, Caudill said. Her attorney added that she needs to drive to support herself. Judge James Morgan listened to the argument and then sided with prosecutors denying the motion.

Atkinson and co-defendant Tyler Stasko are facing three counts of second degree murder for a drag race incident that occurred on York Road near the Palisades development.

Cynthia Furr, her 2-year-old daughter and 13-year-old Hunter Holt were killed. Holt was riding with Stasko.

Karl Smith saw the accident and has no doubt that what he witnessed was drag racing.

I was so aggravated with what I had just seen that I didn t want to go to that other car because I was afraid of just whispering to his head, saying you just killed three people, Smith said.

On Thursday the defense made it clear they are not going to take those accusations lying down.

Atkinson plans to strongly contest any assertion that she was drag racing. The two co-defendants did not know each other prior to the incident, but they may get the chance, because she is planning to call him as a witness.

Stasko s trial is set for December 5. Atkinson s trial has not been scheduled yet.

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