A Ball State University student responsible for a fatal car accident was not legally intoxicated but could still face criminal charges, Sgt. Brad Arey of the Muncie Police Department said.
Junior Todd Lamkin, 21, who was the driver in the accident that killed freshman Travis Smith, had a blood-alcohol-level of .04 after the accident on Jan. 27, Arey said. The legal BAC limit is .08.
The blood tests did not indicate traces of any other drugs, he said.
Lamkin passed a partial sobriety test at the scene of the accident, according to police reports. Lamkin admitted to drinking earlier that evening, according to reports.
Although Lamkin's BAC was less than the legal limit, it still could have been high enough to impair his driving, Arey said.
"Alcohol is a depressant," he said. "Any time there's any alcohol involved, there's some impairment."
Lamkin's speed was also a factor in the accident, Arey said. Speed tests indicated that Lamkin was driving about 50 to 55 mph in a 30 mph zone, he said.
Deputy prosecutor Eric Hoffman said the Delaware County Prosecutor's Office is waiting on evidence from the Muncie Police Department before it decides whether to press charges. Hoffman declined to comment further about the case.
Arey said the evidence will be collected and sent to the prosecutor's office on Friday.
"Within several weeks, we will determine if we want to charge him," Hoffman said.
According to police reports, Lamkin was driving west on Riverside Avenue at 6:36 p.m. when he hit a curb, swerved into oncoming traffic and hit a car head on. Smith was riding in the front passenger seat.
Air bags deployed in both vehicles, but Smith was not wearing a seat belt, according to reports.
Lamkin and back seat passenger Ethan Whaley were wearing seat belts and received minor injuries, according to reports.
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