The allegedly drunken garbage-truck driver who killed an Australian tourist near Central Park Fridaywasn’t impaired by the alcohol he drank that day — because he ate a chicken-salad sandwich before getting behind the wheel, his lawyer argued in court Saturday.
Felipe Chairez, 44, was charged with driving while intoxicated after slamming his truck into 23-year-old Madison Jane Lyden, who was riding a rental bike just before 5 p.m. on Central Park West, police said.
Police said they found three empty beer cans inside Felipe Chairez’ sanitation truck after they stopped him at the scene of the fatal collision.
But the beers wouldn’t have affected his driving because of his lunch order that day, his lawyer claimed at Chairez’ Saturday arraignment.
“If he had a chicken salad sandwich, the alcohol may have been absorbed by the lunch he had,” said lawyer Kenneth Ware.
Chairez blood-alcohol level at the time of the crash was between .04 and .06, according to the court documents.
Lyden had veered into Chairez’ lane near West 67th Street and Central Park West after an Uber barged into her bike lane, police said. As she navigated around the livery car, Chairez slammed into her with his sanitation truck.
Chairez was stopped by police at the scene, and admitted that he drank two beers before getting in the driver’s seat, according to court documents.
He was arraigned on the misdemeanor charge of operating a motor vehicle while under the influence of alcohol or drugs and released on his own recognizance.