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Truck driver who killed Australian tourist cycling in New York is charged with drink driving

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Truck driver who killed Australian tourist cycling in New York is charged with drink driving

A garbage truck driver who struck and killed a young Australian tourist cycling in New York City claims he wasn’t influenced by the alcohol he had been drinking because he ate a chicken sandwich before driving, a court has heard.

Madison Jane Lyden, 23, was killed when the rental bike she was riding was hit by Felipe Chairez’s truck near Central Park on Friday, police said.

The young tourist, who had only touched down with friends days earlier, swerved to avoid an Uber which pulled into the bike lane when she was struck, police said.

Prosecutors allege three empty beer cans were allegedly found inside Chairez’s truck after it was stopped, according to the New York Post.

Madison Jane Lyden, 23 (pictured), was killed in New York after being hit by a garbage truck after trying to avoid a car which cut her off 

Madison Jane Lyden, 23 (pictured), was killed in New York after being hit by a garbage truck after trying to avoid a car which cut her off 

Madison Jane Lyden, 23 (pictured), was killed in New York after being hit by a garbage truck after trying to avoid a car which cut her off 

Lyden (centre) was on a trip in the United States with friends when she was killed while riding a bike near New York City's Central Park on Friday (US time)

Lyden (centre) was on a trip in the United States with friends when she was killed while riding a bike near New York City's Central Park on Friday (US time)

Lyden (centre) was on a trip in the United States with friends when she was killed while riding a bike near New York City’s Central Park on Friday (US time)

Lyden, was riding a bicycle past Central Park in New York's City's Upper West Side about 5pm on Friday when she was struck and killed

Lyden, was riding a bicycle past Central Park in New York's City's Upper West Side about 5pm on Friday when she was struck and killed

Lyden, was riding a bicycle past Central Park in New York’s City’s Upper West Side about 5pm on Friday when she was struck and killed

But Chairez’s lawyer claimed the alcohol wouldn’t have affected his driving because of what he ate. 

‘If he had a chicken salad sandwich, the alcohol may have been absorbed by the lunch he had,’ lawyer Kenneth Ware said.

Chairez, 44, was arraigned on the misdemeanor charge of operating a motor vehicle while under the influence of alcohol, and was ordered to give up his driver’s licence.

According to court documents, Chairez’s blood alcohol level was between 0.04 and 0.06 at the time of the crash.

Lyden was rushed to the Roosevelt Hospital after being hit, but attempts to revive her failed.

Images from Lyden’s social media show her and her friends enjoying a number of tourist attractions during their dream trip around the United States.

They include a ride in a double-decker open-top bus in New York and posing in front of a large fountain, likely in Central Park.

The girls looked to be making the most of the once-in-a-lifetime trip as they travelled around one of the world’s most famous cities.

New York City Mayor Bill de Blasio who said a full investigation would be launched into the fatal incident

New York City Mayor Bill de Blasio who said a full investigation would be launched into the fatal incident

New York City Mayor Bill de Blasio who said a full investigation would be launched into the fatal incident

Lyden was rushed to the Roosevelt Hospital after being hit, but attempts to revive her failed

Lyden was rushed to the Roosevelt Hospital after being hit, but attempts to revive her failed

Lyden was rushed to the Roosevelt Hospital after being hit, but attempts to revive her failed

Madison Jane Lyden, 23, was killed when the rental bike she was riding was hit by Felipe Chairez's truck near Central Park on Friday, police said

Madison Jane Lyden, 23, was killed when the rental bike she was riding was hit by Felipe Chairez's truck near Central Park on Friday, police said

Madison Jane Lyden, 23, was killed when the rental bike she was riding was hit by Felipe Chairez’s truck near Central Park on Friday, police said

New York City Mayor Bill de Blasio told CBS News a full investigation would be launched into the fatal incident.

‘It’s just disgusting what happened here, a 23-year-old, in the bike lane, and of course there has to be a full investigation,’ he said.

‘This is another example, from my point of view, of the danger of reckless driving. We’re going to make sure there’s a full investigation and we’re going to make sure that there are real consequences if anything happened here that was illeg

NBC New York reported Lyden was travelling northbound inside the designated bike lane when a car pulled out in front of her causing her to swerve.

While trying to avoid the car Lyden swerved into traffic and was hit by the truck which travelling in the same direction.

An NYPD spokesman said a Toyota pulled out in front of Lyden, news.com.au reported 

An NYPD spokesman said a Toyota pulled out in front of Lyden, news.com.au reported 

An NYPD spokesman said a Toyota pulled out in front of Lyden, news.com.au reported 

An NYPD spokesman said a Toyota pulled out in front of Lyden, news.com.au reported.

‘An investigation revealed that the female was riding a bicycle north bound on Central Park West, in the bicycle lane, when a black Toyota livery vehicle pulled out into the bike lane from a stopped position,’ the spokesman said in a statement.

‘The bicyclist swerved and was struck by a private carting truck, which was also travelling north bound on Central Park West.’

The driver of the car and the truck both remained at the scene to give NYPD officers their statements while the NYPD’s Collision Investigation Squad investigate.

The driver of the car and the truck both remained at the scene to give NYPD officers their statements while the NYPD¿s Collision Investigation Squad investigated

The driver of the car and the truck both remained at the scene to give NYPD officers their statements while the NYPD¿s Collision Investigation Squad investigated

The driver of the car and the truck both remained at the scene to give NYPD officers their statements while the NYPD’s Collision Investigation Squad investigated

 

http://www.dailymail.co.uk/news/article-6051419/Truck-driver-killed-Australian-tourist-cycling-New-York-charged-drink-driving.html?ns_mchannel=rss&ito=1490&ns_campaign=1490 Source: MailOnline | Copyright © MailOnline, All Rights Reserved

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