When someone is charged with a crime, there needs to be evidence that he or she committed the acts of the crime. Police cannot, for example, just arrest someone and have prosecutors ask for an indictment without some kind of proof that the person not only committed a crime, but the crime for which he or she is charged. Without sufficient evidence, the person cannot be charged or charges will be dropped. This applies to driving while intoxicated just as it does with any other crime.
So, how then can a 33-year-old man from Queens be facing a murder charge in what many consider to be a drug-related DWI? Though we are not confirming that he should be convicted of a DWI, there are reports that last June he jumped the curb at Fourth Street and Second Avenue in Manhattan, striking three people, one of whom later died, all while high. Charging the man with murder, however, seems to be a bit of a stretch.