WNYT.com

No charged filed yet against Northway crash driver

Posted at: 12/03/2012 6:28 PM
Updated at: 12/03/2012 6:32 PM
By: Beth Wurtmann

CLIFTON PARK - As the community mourned the deaths of two teenagers in Saturday night's Northway crash, attention intensified on the possible charges the driver in the other car could face.

Police said 22-year-old Dennis Drue of Clifton Park was speeding and under the influence of alcohol when his car veered three lanes and struck the teen's car from the rear.

State Police and Saratoga County District Attorney James Murphy said toxicology test results will make all the difference. The New York State Crime Lab in Albany is now testing blood taken from Drue to determine an official Blood Alcohol Content.

Murphy and Police, saying in a joint statement that results normally take 90 days, but that they are asking for expedited results.

"It's important that everyone get it right because everyone has a lot at stake here," said Eric Sills," said Eric Sills, a defense attorney and DWI expert.

NewsChannel 13 asked Sills about potential charges. He said if the BAC comes in at ".08" or higher, Drue could face charges of felony vehicular manslaughter, or even more serious counts.

"With two fatalities and the speed is likely to lead to a claim that he was driving recklessly that really brings it all up to the B felony of aggravated vehicular homicide in all likelihood," he said.

Eyewitness accounts and accident reconstruction reports from the scene will also be factors in the case.

Murphy said in a statement, that they cannot charge Drue on the basis of emotion, but instead on the facts and evidence.

Investigators said Drue has previous speeding convictions and that he had lost his license for nearly a year. It was valid at the time of the crash.