ALBEMARLE COUNTY, Va. (WVIR) - The man who authorities say drove a trash truck that collided with an Amtrak train earlier this year appeared in court on Monday, December 3.

The Crozet crash made national headlines because it involved a train full of lawmakers headed to a GOP retreat.

Thirty-one-year-old Dana Naylor, Jr. is charged with involuntary manslaughter and DUI maiming.

On Monday, his attorney made a motion to suppress the evidence from his blood test and said it was obtained in a misleading way.

However, a judge denied it.

Time Disposal worker Christopher Foley died at the scene of the crash on January 31, and the second passenger suffered permanent physical injuries.

An National Transportation Safety Board preliminary report says Naylor drove around the railroad crossing gates, ignored signals that a train was coming, and ended up on the tracks.

Several hours after the crash, a detective says he smelled alcohol on Naylor and ordered a warrant for a blood test.

The defense argued that EMTs on the scene didn't notice an odor at the time of the crash.

The commonwealth argued that the defense didn't present enough evidence to get the information from the blood test thrown out.

The judge agreed.

Naylor's trial is set for February.