DWI conviction vacated for fatal crash

SANTA FE (AP) - The state Court of Appeals has tossed out the drunken driving conviction of a Chinle, Ariz. man who crashed into another vehicle near Gallup in 2004, killing two people.

Philbert Nez also was convicted of vehicular homicide and great bodily harm by vehicle while being intoxicated. He was sentenced to 15 years in prison for the felony convictions, and Tuesday's court ruling did not change that.

The court concluded that Nez's blood alcohol test was properly admitted as evidence, but the misdemeanor DWI conviction violated constitutional protections against double jeopardy — being punished twice for the same offense.

Amelia and Denise Haven of Window Rock, Ariz. died in the crash. They were passengers in an SUV that Nez hit from behind on Interstate 40.