A Passaic County judge has ruled that some evidence in a vehicular homicide case will be thrown out because the defendant was too high on drugs at the time to understand his rights when speaking with police.

The judge ruled that Jason Vanderee could not consent to waive his Miranda rights because he was too high. Some of what Vanderee allegedly told police after the crash will not be allowed in the trial.

The judge in Friday’s hearing did rule that statements Vanderee made to paramedics and doctors after the crash will be allowed in court. NJ.com reports that the jury can also hear about Vanderee’s prior DWI conviction.

Vanderee is accused of being so high on heroin on Feb. 19, 2019, that he crashed his vehicle into a gas station on Route 23 in Wayne. Jon Warbeck, 50, his 17-year-old son Luke and gas station attendant Lovedeep Fatra were killed.