A judge has ruled against an Amherstburg man, who argued his rights were violated when police questioned him after a crash that killed a skateboarder in 2016.

Brandin Crosier, 24, has pleaded not guilty to criminal negligence causing death in connection with a crash that killed 30-year-old Adam Pouget on Nov. 17, 2016.

Police say Pouget was skateboarding to work when he was struck by a motorist who was attempting to pass another vehicle on County Road 18 in Amherstburg before 7 a.m. that morning.

Police also said thick fog and poor visibility were factors in the crash.

Crosier's lawyer Pat Ducharme argued earlier this month that his client’s rights were violated when Amherstburg police questioned him in hospital.

Crosier told police “everything is a blur, I don't think I'll be able to give you a good statement.” But in the police video statement, when asked if he wanted a lawyer, Crosier replies no.

Ducharme argued the police should have stopped the questioning when Crosier told them he wasn't focused.

But Crown Attorney Walter Costa replied by stating Crosier was read his rights on multiple occasions and told police he understood.

In court Thursday, Justice Sharman Bondy dismissed the charter application.

The trial will now continue as scheduled on April 30.

Pouget is survived by his wife Ashley and their four children, ranging in age from eight weeks to 10 years old.