ALBEMARLE COUNTY, Va. (WVIR) - The lawyer for the trash truck driver involved in a deadly crash in Crozet last year claims a police officer lied in the case.

Dana William Naylor Junior is charged with involuntary manslaughter and DUI maiming. Investigators say Naylor drove a Time Disposal trash truck around the train tracks gates on Lanetown Road around 11 a.m. January 31, 2018. A chartered Amtrak train struck the truck, seriously injuring Dennis James Patrick Eddy and killing 28-year-old Christopher Sachem Foley.

The defense asked a judge in Albemarle Circuit Court Tuesday, January 22, to throw out a toxicology test.

Naylor’s attorney argued that a statement made by his wife to police was incorrectly used as a basis for a search warrant to obtain blood for a toxicology test. The attorney said two officers claimed they faintly smelled alcohol and asked Naylor's wife if she smelled something. She indicated she did smell something, but thought whatever it was, was coming from medical equipment in the room.

The defense noted that Naylor's blood alcohol content was 0.00.

Citing a 2017 report to Congress, the defense also said THC levels are not reliable to determine impairment at the time of the crash.

Naylor’s lawyer is requesting a Frank's Hearing, which deals with a defendant’s right to challenge evidence collected by law enforcement.

The commonwealth said that it stands by the officer's statements and what was written in the affidavit for the search warrant.

The judge is expect to make a ruling on January 30.

Naylor's three-day jury trial is scheduled to begin February 25.