The driver of the truck that killed the Australian tourist who travels by bicycle in New York is accused of driving under the influence of alcohol

Madison Jane Lyden, 23 (pictured), was murdered in New York after being hit by a garbage truck after trying to avoid a car that cut her off

A garbage truck driver who hit and killed a young Australian tourist who rode a bicycle in New York City says he was not influenced by the alcohol he had been drinking because he ate a chicken sandwich before driving, according to a court.

Madison Jane Lyden, 23, died when her chartered pickup truck was hit by Felipe Chairez's truck near Central Park on Friday, police said.

The young tourist, who had only landed with friends a few days before, deviated to avoid an Uber who stopped in the bike lane when she was beaten, police said.

Prosecutors allege that three empty beer cans were allegedly found inside Chairez's truck after she was arrested, according to the New York Post.

Madison Jane Lyden, 23 (pictured), was murdered in New York after being hit by a garbage truck after trying to avoid a car that cut her off

Madison Jane Lyden, 23 (pictured), was murdered in New York after being hit by a garbage truck after trying to avoid a car that cut her off

Lyden (center) was traveling in the United States with friends when she was killed while riding a bicycle near New York Central Park on Friday (US time)

Lyden (center) was traveling in the United States with friends when she was killed while riding a bicycle near New York Central Park on Friday (US time)

Lyden (center) was traveling in the United States with friends when she was killed while riding a bicycle near New York Central Park on Friday (US time)

Lyden rode a bicycle past Central Park on the Upper West Side of New York City around 5 p.m. on Friday when she was beaten and killed

Lyden rode a bicycle past Central Park on the Upper West Side of New York City around 5 p.m. on Friday when she was beaten and killed

Lyden rode a bicycle past Central Park on the Upper West Side of New York City around 5 p.m. on Friday when she was beaten and killed

But Chairez's attorney affirmed that alcohol would not have affected his driving due to what he ate.

"If I had a chicken salad sandwich, the alcohol could have been absorbed by the lunch I had," said attorney Kenneth Ware.

Chairez, 44, was charged with a minor charge for operating a motor vehicle under the influence of alcohol, and was ordered to give up his driver's license.

According to court documents, Chairez's blood alcohol level was between 0.04 and 0.06 at the time of the accident.

Lyden was taken to Roosevelt Hospital after being beaten, but attempts to revive her failed.

The images from Lyden's social networks show that she and her friends enjoy a series of tourist attractions during their dream trip around the United States.

They include a ride on a double-decker bus in New York and posing in front of a large fountain, probably in Central Park.

The girls sought to make the most of the unique trip in life while traveling through one of the most famous cities in the world.

The mayor of the city of New York, Bill de Blasio, said that a full investigation into the fatal incident would be launched

The mayor of the city of New York, Bill de Blasio, said that a full investigation into the fatal incident would be launched

The mayor of the city of New York, Bill de Blasio, said that a full investigation into the fatal incident would be launched

Lyden was rushed to Roosevelt Hospital after being beaten, but attempts to revive her failed

Lyden was rushed to Roosevelt Hospital after being beaten, but attempts to revive her failed

Lyden was rushed to Roosevelt Hospital after being beaten, but attempts to revive her failed

Madison Jane Lyden, 23, was killed when her chartered pickup truck was hit by Felipe Chairez's truck near Central Park on Friday, police said.

Madison Jane Lyden, 23, was killed when her chartered pickup truck was hit by Felipe Chairez's truck near Central Park on Friday, police said.

Madison Jane Lyden, 23, was killed when her chartered pickup truck was hit by Felipe Chairez's truck near Central Park on Friday, police said.

The mayor of the city of New York, Bill de Blasio, told CBS News that a full investigation into the fatal incident would begin.

"It's disgusting what happened here, a 23-year-old cyclist, and of course there has to be a full investigation," he said.

"This is another example, from my point of view, of the danger of reckless driving, we are going to make sure there is a full investigation and we are going to make sure that there are real consequences if something happens here that is illegible.

NBC New York reported that Lyden was traveling north into the designated bike lane when a car parked in front of her, causing her to deviate.

While trying to avoid the car, Lyden swerved into traffic and was hit by the truck traveling in the same direction.

A spokesman for NYPD said Toyota pulled out in front of Lyden, reported news.com.au

A spokesman for NYPD said Toyota pulled out in front of Lyden, reported news.com.au

A spokesman for NYPD said Toyota pulled out in front of Lyden, reported news.com.au

A NYPD spokesman said Toyota pulled out in front of Lyden, news.com.au reported.

"An investigation revealed that the woman was cycling north on Central Park West, in the bike lane, when a black Toyota vehicle left a stop in the bike lane," the spokesman said in a statement.

"The cyclist was diverted and hit by a private truck that also traveled north in Central Park West."

The driver of the car and the truck remained at the site to give the NYPD officers their statements while the NYPD Collision Investigation Squad investigated.

The driver of the car and the truck remained in place to give the NYPD officers their statements while the NYPD Collision Investigation Squad was investigating

The driver of the car and the truck remained in place to give the NYPD officers their statements while the NYPD Collision Investigation Squad was investigating

The driver of the car and the truck remained on the scene to give the NYPD officers their statements while the New York Police Collision Investigation Squad was investigating

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