The driver who fatally struck a popular northwest Washington restaurant co-owner in August was legally intoxicated at the time of the crash, according to court records.

Armin Amin-Toomaji, 44, of Potomac, Maryland, was crossing 9th Street NW with another person when he was struck at 2:20 a.m. on Aug. 18. The incident occurred a block away from Amin-Toomaji's restaurant, Chaplin's Restaurant and Bar.

Court records from Fairfax County showed the driver of the car had been drinking before the collision. The woman, 31, from Reston, Virginia, registered .09 blood alcohol level. The legal limit in Washington is .08 blood alcohol level.

A search warrant revealed the driver may have been using her phone in the minutes before she struck Amin-Toomaji. Records showed her cellphone was used seven times in the minutes before and after the collision.

Records showed the driver did have the green light as he was crossing the intersection.

No charges have been filed. D.C. police said the case is still under investigation.