Tragic DWI Case in Belmar Municipal Court
The result of a recent DWI case in Belmar, New Jersey has been the subject of considerable discussion and debate in Monmouth and Ocean County, NJ. A drunk driver, with a blood alcohol content (BAC) of .115, was driving on Route 35 when he struck the victim, who was standing in the middle of the road, and carried the victim's body for several blocks before he stopped and called for help. The 22-year-old pedestrian was killed as a result of the accident. A grand jury in December considered the facts of the case and declined to indict the driver for vehicular homicide, which includes a maximum of ten (10) years in prison if convicted. The jury considered the fact that the victim was also drunk, with a blood alcohol content (BAC) of .26, and that the victim also had cocaine in his system. Further, the victim was standing in the middle of the road on Route 35 which contributed to the accident. The driver testified that he didn't see him and knew that he hit something but wasn't sure what it was.
Now, the driver faces charges in Belmar Municipal Court for drunk driving which can include up to 30 days in jail, a $500 fine, and a one year license suspension for a first offense DWI. This is a tragic case all around. I feel bad for the victim's family as they will suffer this tragedy the rest of their lives. However, I am not sure if sending this man away to state prison would have been the best result either. For additional information, please see the Asbury Park Press article entitled, "DWI plea not enough for family".
