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NH State Police: Bottle of brandy found in accused drunk driver's car

MERRIMACK, NH (WGME) -- New Hampshire State Police say the man accused of causing the crash that killed his son had a blood alcohol content nearly twice the legal limit.

Nghia Huynh, 37, faced a judge Monday morning for a probable cause hearing and bail hearing. He's charged with DUI and negligent homicide.

Two troopers took the stand in the nearly two hour hearing.

Trooper Thomas Conlon said skid marks and evidence at the scene indicated Huynh lost control while driving southbound, went over the media, and rolled over, without ever hitting the brakes.

Conlon said when the car was turned right side up, he saw a bottle of brandy on the floor of the driver's seat.

Trooper Michael Pelletier said he was at the hospital when Hunyh woke up. Pelletier said Hunyh told another trooper he drank at his home in Nashua before he drove to Kittery to pick up his son, Kobe.

"He admitted to her that he had five brandy shots before he left, and that he also smoked marijuana the day or two before," said Pelletier.

Police said an hour after the crash, Huynh's blood alcohol content was still .145.

On Monday, Defense Attorney Sven Wiberg asked that Huynh's $50,000 bail be lowered.

"His fiance is in the back row. They operate a local business. He's been here for years, he's not a risk for flight," said Wiberg.

But a judge agreed with prosecutors that Huynh is a danger to himself and others.

"He has six speeding tickets on his record dating from 2005 all the way up to three weeks before the motor vehicle crash that killed his son," said Hillsborough County Attorney Patricia LaFrance.

State police said their investigation into the crash is ongoing.