Despite police saying she fled the scene, Katherine Applegate, the former student accused of driving under the influence and hitting a Penn State freshman Saturday, was going to return to the crash site, her attorney said yesterday.

Applegate, 23, of State College, was arrested after hitting Michael Drauch on College Avenue outside the Meridian apartment complex at about 1:45 a.m. Saturday, according to the State College Police Department.

Drauch remained in critical condition yesterday at Geisinger Medical Center in Danville.

According to the accident report, Applegate continued driving after striking Drauch, then stopped under the University Drive overpass while her roommate got out of the passenger seat to check on the victim. Applegate was found 15 minutes later in the parking lot of Your Building Center, 1120 E. College Ave., about 5,000 feet from the accident scene, according to court documents.

William Arbuckle, Applegate's attorney, said his client pulled off in the first spot that she could legally park along the road and therefore did not break any law.

He said the point of hit-and-run laws is to ensure that victims receive aid and if Applegate had remained at the scene, Drauch would not have received anymore help than he was already getting.

"Could she have stopped closer and parked illegally? Yes. Would it have been different for the victim if she stopped closer? Probably not," Arbuckle said.

He said Applegate may not have done everything exactly right but someone got out of the car to aid the victim. He also said Drauch stepped into the street.

"This is a tragic case," Arbuckle said. "This young man came off the sidewalk into the path of the car very suddenly. Two witnesses have agreed that that's what happened. There was no intent on [Applegate's] part to do any harm to anyone."

Applegate's blood alcohol concentration at the time of her arrest was .208 percent, police said. The legal limit is .08 percent.

Arbuckle said he believes the accident may have occurred even if Applegate had been sober.

Centre County District Attorney Michael Madeira said he suspects the defense will probably try to say that the victim placed himself in the circumstance where he could get hurt because of his condition but added that striking a pedestrian is a serious offense.

Arbuckle said even though Applegate's driver's license states that she must wear corrective lenses, she is not impaired when she does not wear them. He said Applegate received the restriction when she first received her driver's license as a teenager, but does not routinely wear her glasses.

According to the accident report, Applegate was not wearing glasses or contacts at the time of the crash.

Applegate's roommate, Quinn Patten, and an unknown male passenger were also in the car at the time of the accident, according to the police report.

Arbuckle said the name of the male passenger has been provided to police but he didn't wish to release it until later in the investigation.

Madeira said Applegate's preliminary hearing will likely be held Dec. 20 at the Centre County Courthouse in Bellefonte.

"Katherine and her family are devastated and are praying fervently for this young man's health and his recovery," Arbuckle said.