A Shirley man accused in a fatal DWI crash in Farmingville faced a judge Monday.

Police say Erika Bautista, 31, and her children were rear-ended on County Route 83 in Farmingville almost a month ago by a suspected drunk driver, identified as Christopher Montpetit.

Investigators say Bautista's car broke down in the right lane and was pulled over when Montpetit allegedly slammed into them while driving drunk. Authorities say Bautista died over the weekend from her injuries.

MORE: Victim in alleged DWI crash in Farmingville passes away

Bautista's daughters -- ages 4, 8 and 10 -- were also treated for injuries, two of them serious.

In Montpetit's scheduled appearance Monday, he did not see changes to his DWI charge, but prosecutors say they could end up being changed.

"He called me over the weekend. He was extremely upset. From our standpoint, there's no criminality," says Montpetit's attorney, Michael Brown. "This was an accident. The other motor vehicle was disabled in the flow of traffic. Cars were in between my client and the other vehicle. It was a horrible accident and the ramifications are horrible and his heart goes out to the family — but it's an accident."

The next court appearance for Montpetit is expected to be in three weeks.