INDIANAPOLIS (AP) — A judge is being asked to throw out a confession from a Guatemalan man living illegally in the U.S. who’s charged in a drunken-driving crash that killed Indianapolis Colts linebacker Edwin Jackson and his Uber driver.

The attorney for 37-year-old Manuel Orrego-Savala filed a motion Tuesday in Marion County court, arguing that Orrego-Savala’s statements to a state trooper after the Feb. 4 crash shouldn’t be allowed because he wasn’t first read his rights.

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Orrego-Savala faces four felony charges for the Indianapolis crash that killed Jackson and his driver, Jeffrey Monroe. Prosecutors say Orrego-Savala had a blood-alcohol level of 0.19 percent, which is more than twice the legal limit of .08 percent. Authorities say Orrego-Savala was deported from the U.S. in 2007 and 2009 and was back in the country illegally.

His next court hearing is set for March. 27.