PATERSON, N.J. (AP) - A defense attorney is arguing that a man whose car crashed into a New Jersey gas station, killing three people, wasn't in any condition to voluntarily waive his rights when questioned.

Jason Vanderee is charged with aggravated manslaughter and death by auto while intoxicated in the Feb. 19 crash at a Delta gas station on Route 23 that killed 50-year-old Jon Warbeck, his 17-year-old son and gas station attendant Lovedeep Fatra. Passaic County prosecutors say heroin and a needle were found in the vehicle.

NorthJersey.com reports that police say Vanderee was coherent when read his rights, but a detective said he appeared under the influence of drugs, at one point appearing to nod off. Defense attorney John Latoracca suggested that means he wasn't clear-headed enough to understand the warning.