(Rochester, N.Y.)-A toxicologist determined that if Nick Joseph drank as much alcohol as is believed, his BAC could have been almost twice the legal limit on the night of a hit and run accident..
Video from Spenders Bar on Lyell Avenue shows Joseph being served the equivalent of seven shots of alcohol in a span of 53 minutes.
The chief toxicologist for the Monroe County Medical Examiner’s office determined that given his height and weight, his blood alcohol content (BAC) would range from just over the legal limit to nearly twice the legal limit.
But the video does not show Joseph guzzling the drinks or even finishing the drinks. So the judge did not allow the BAC level into evidence.
Dr. Jean Beano analyzed blood samples taken from the airbag of the Ford Fusion Nick Joseph was driving. She concluded the traces of cocaine found there had been metabolized into his blood and were likely ingested within an hour of the time he struck Alexis Sharp’s car.
But defense attorneys take issue with the findings. They point to cocaine residue on parts of the airbag without blood. The car was not properly impounded for at least three days after the crash. They point out that cocaine could have been put there by someone else.
The points will be further discussed in court as the trial continues.
Nick Joseph is accused of hitting Alexis Sharp’s car in June 2008, and causing her to deliver her baby 14 weeks early.
