Lawyer: New test shows accused DWI driver wasn't drunk

Duke Obule was charged with manslaughter after police say his car hit a taxi, which then crashed into a utility pole.

Duke Obule was charged with manslaughter after police say his car hit a taxi, which then crashed into a utility pole. (5/4/16)

FRANKLIN SQUARE - The attorney for a Queens man accused in a high-speed drunken driving crash that killed a cab driver in Franklin Square claims he has proof that his client did not have any alcohol in his system at the time.

Nearly two weeks ago, Duke Obule was arrested and charged with DWI and manslaughter after police say his car hit a taxi, which then crashed into a utility pole. The cab driver died at the scene.

A memorial now lies at the scene where the father of three died, and visitors have been leaving flowers and messages at the scene.

Court documents show a Breathalyzer test conducted an hour after the crash indicated that Obule's blood-alcohol level was double the legal limit. Officers added that he had glassy, bloodshot eyes and slurred speech.

However, in court Wednesday, Obule's attorney presented a toxicology report that told a different story. The report states that Obule's blood was tested an hour after the Breathalyzer and registered at less than 0.01 percent; far below the legal limit.

News 12 asked the district attorney's office and Nassau County police how the initial Breathalyzer test and blood test could show two different results within the span of one hour. Neither would comment.

Several charges were dropped in the case following Wednesday's appearance, including the DWI charge. Obule still faces other charges including manslaughter and leaving the scene of an accident resulting in death.

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