Attorneys for the man accused of killing a Suffolk cop in a drunken driving crash tried to convince a judge Wednesday that alcohol did not play a role in the crash.

Jose Borbon?s attorney tried, but failed to get his client?s bond reduced based on the findings of a preliminary report from the Suffolk County Crime Lab. The reports said the police officer?s cruiser did not have its emergency lights or siren on and was speeding through an intersection at the time of the accident.

The 23-year-old is facing misdemeanor aggravated DWI charges for a car accident in Commack last month that killed Suffolk police officer Glen Ciano. Investigators say Borbon had a blood alcohol level of .19, more than twice the legal limit, three hours after the crash.

Borbon?s attorney says the results of the crime lab?s report show alcohol did not play a role in the accident. Suffolk County Assistant District Attorney John Collins says the report changes nothing.

Prosecutors say their investigation is ongoing and that charges could be upgraded. Borbon is due back in court May 7.

Charges upgraded in crash that killed Suffolk cop