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[porthole]

http://www.app.com/article/20110713/NJNEWS/307130072/Woman-charged-vehicular-homicide-deadly-Neptune-City-crash?odyssey=tab|topnews|text|Frontpage


FREEHOLD — A 50-year-old Neptune City woman has been charged with vehicular homicide in connection with a crash that killed a 49-year-old Wall resident earlier this year.

Madeline Rodriguez made her first appearance in state Superior Court, Freehold Wednesday afternoon. Judge Thomas F. Scully set her bail at $115,000.

Around 11:25 a.m. May 24, Rodriguez was driving a 2007 Nissan Versa south on Route 35 in Neptune City, and David Pisarchik was driving a 1998 Honda north on the highway. He happened to be driving behind a police officer.

Rodriguez turned left onto Fourth Avenue, without properly yielding to Pisarchik, authorities said. The car and motorcycle collided and Pisarchik was thrown from the bike, authorities said.

The police officer saw the collision in his rear-view mirror, Assistant Monmouth County Prosecutor Jennifer Lipp told the judge.

Pisarchik was pronounced dead at 12:09 p.m. that day, at Jersey Shore University Medical Center in Neptune.

Wednesday in court, Lipp asked the judge to set bail at $150,000, while the defense attorney, Steven Nelson, asked for a $50,000 bail.

In court, Lipp said Rodriguez’s blood-alcohol concentration level was 0.236. The legal driving limit is .08.

Lipp told the judge that Rodriguez admitted drinking two small bottles of brandy, and six more were found in her car.

She said the victim was survived by his wife and three children.

Nelson, whose office is in Neptune, said his client came to his office within days of the crash and understood she could be facing serious charges. Arguing for a lower bail, Nelson said she had every opportunity to flee since May, but did not.

Rodriguez has been married for 31 years and her husband came to court with her Wednesday, said Nelson. He said the couple have three adult children, including two who still live at home.

Rodriguez and her husband purchased their home in Neptune City in 2005, but have lived in Monmouth County for 25 years, said Nelson.

He said his client has been employed as a radiology technician at a local hospital for about 19 years, and her husband has been a sanitation worker for more than a decade.

Rodriguez was previously issued summonses for offenses including driving while intoxicated and reckless driving.

If convicted of vehicular homicide, she faces up to 10 years in prison.

If she posts bail, she must surrender her driver's license to police, Scully said.

The investigation was handled by the Monmouth County Prosecutor’s Office’s Major Crimes Bureau, Neptune City police and the Monmouth County Serious Collision Analysis Response Team (SCART).

[Cvostu]

Really a sad story,,,   she was 3 times over the legal limit..  let her rot there,,

[Chains]

Very sad situation for all concerned, condolences to the bikers family.

[StevesCVO]

Really a sad story,,,   she was 3 times over the legal limit..  let her rot there,,

Wasn't her first DWI either. I agree, let her rot.

[kraut]

I don't like that view on an accident you really know almost nothing of and still state "let her rot".

You are talking of a human beeing.

You don't know the defendant nor how the accident happened in detail but you are ready to judge.

 

[KKM]

"Rodriguez’s blood-alcohol concentration level was 0.236. The legal driving limit is .08."

Behind the wheel of a car...
Already pickeled!
Let her rot is too good for her.

In the USA we make a sport out of judgement based on the NEWS.
Bring back puplic hangings.


Kevin

[spydglide]

I don't like that view on an accident you really know almost nothing of and still state "let her rot".

You are talking of a human beeing.

You don't know the defendant nor how the accident happened in detail but you are ready to judge.

 

There has to be more 'outrage' at the increased murders of bike riders (and others) due to not only driving impaired but also the careless inattentive drivers.  Education may help, but increased penalties are a good start also.  spyder

[guppytrash]

I don't like that view on an accident you really know almost nothing of and still state "let her rot".

You are talking of a human beeing.

You don't know the defendant nor how the accident happened in detail but you are ready to judge.

 

I am more than a little confused Kraut.
  What more do you need to know?
 You had a Police Officer witness a woman driving extremely drunk kill another human being.
If it were a family member or friend would you still be withholding judgement?
Not second guessing your statement but rather curious to your thoughts. 

[JCZ]

There has to be more 'outrage' at the increased murders of bike riders (and others) due to not only driving impaired but also the careless inattentive drivers.  Education may help, but increased penalties are a good start also.  spyder

How about the riders that ride impaired?  I know, I know......only a couple doesn't impair.  

Terrie and I rode Mosquito Ridge Rd. a couple weeks ago.....at Stumpy Meadows Resavoir the road was closed for half hour.  The medivac copter had to land in the road on top of the dam.  The rider that missed  the curve only had "a couple".  Morans like that don't realize it's not just their own lives that they're jeopradizing, it's the lives of those riding with them, also.  I've been to to many funerals over the years to know that one is to many when you're riding.

One of the nice things about the Nor Cal group......none of them drink at all when riding.

[DDavidson]

An incident like this should make us all look at ourselves and realize that our actions not only impact us but also impact others around us.
In this case people have another example of the dangers of driving impaired. Use this example and its consequences when making a driving decision.

I also look at an accident like this and wonder if it could have happened by a sober driver as well. Was there anything the rider could have done to make himself more visible and/or safer? Could the rider have positioned himself differently behind the vehicle in front to make the rider safer?

Riding closer to the center line behind a vehicle in front of you makes you more visible to an oncoming vehicle. When you can see an on-coming driver's eyes then they can see you. With no vehicle in front of you and approaching a pack of on-coming cars, moving to the outside of the lane makes you more visible to all the vehicles in the pack which may want to pass in your lane.

Would riding closer to or further behind the front vehicle have been safer?

[sadunbar]

How about the riders that ride impaired?  I know, I know......only a couple doesn't impair.  

Terrie and I rode Mosquito Ridge Rd. a couple weeks ago.....at Stumpy Meadows Resavoir the road was closed for half hour.  The medivac copter had to land in the road on top of the dam.  The rider that missed  the curve only had "a couple".  Morans like that don't realize it's not just their own lives that they're jeopradizing, it's the lives of those riding with them, also.  I've been to to many funerals over the years to know that one is to many when you're riding.

One of the nice things about the Nor Cal group......none of them drink at all when riding.

 

[kraut]

I am more than a little confused Kraut.
  What more do you need to know?
 You had a Police Officer witness a woman driving extremely drunk kill another human being.
If it were a family member or friend would you still be withholding judgement?
Not second guessing your statement but rather curious to your thoughts.  

There are no "evident" cases, that much I learned in some 25 years in courtrooms as prosecutor, attorney and judge.

What a driver tells us about his observations in his mirror - be it an officer or the pope himself - is not very reliable evidence. People don't look into their mirrors for more than a split second if there is no reason to do so - in this case the reason could have been the sounds of the crash or an observation of a move he thought to be dangerous. Nevertheless it's highly unlikely he really "observed" the entire development of the accident precisely. In such situations witnesses have a tendency to report as "observed" what they only believe must have happened during moments they in fact did not look at the scene.

That the driver was drunk is as of now only the fairy tale of the prosecutor, still to be proven wright or wrong. Nothing known about the visibility on site, the speed of both vehicles and if the accident was indeed caused by negligence of the defendant only.

And even if the driver was drunk we don't know why nor how she got drunk or why she did drive anyway.

There are so many factors to be evaluated before any judgement can be made.

And "let her rot" to me sounds more than a little medieval - but remember I'm a german and maybe in todays spoken american english "to let someone rot" is not as unfriendly as the german translation "jemanden verrotten lassen" which lets you associate a medieval tower hole and a prisoner put there for the rest of his days until indeed he will be turned to "garbage"  

I just happen to know quite a lot of defendants who are decent people paying dearly for their one and only mistake that could very well have happened to me or you as well - they do not deserve a judjement "to rot".

[JCZ]

There are no "evident" cases, that much I learned in some 25 years in courtrooms as prosecutor, attorney and judge.

What a driver tells us about his observations in his mirror - be it an officer or the pope himself - is not very reliable evidence. People don't look into their mirrors for more than a split second if there is no reason to do so - in this case the reason could have been the sounds of the crash or an observation of a move he thought to be dangerous. Nevertheless it's highly unlikely he really "observed" the entire development of the accident precisely. In such situations witnesses have a tendency to report as "observed" what they only believe must have happened during moments they in fact did not look at the scene.

That the driver was drunk is as of now only the fairy tale of the prosecutor, still to be proven wright or wrong. Nothing known about the visibility on site, the speed of both vehicles and if the accident was indeed caused by negligence of the defendant only.

And even if the driver was drunk we don't know why nor how she got drunk or why she did drive anyway.

There are so many factors to be evaluated before any judgement can be made.

And "let her rot" to me sounds more than a little medieval - but remember I'm a german and maybe in todays spoken american english "to let someone rot" is not as unfriendly as the german translation "jemanden verrotten lassen" which lets you associate a medieval tower hole and a prisoner put there for the rest of his days until indeed he will be turned to "garbage"  

I just happen to know quite a lot of defendants who are decent people paying dearly for their one and only mistake that could very well have happened to me or you as well - they do not deserve a judjement "to rot".

I concur your honor.....and we rest our case.

Seriously, you make some valid points Kraut.......that makes us pause and take note.

[KKM]

OK I did a little research and thought it over.

She may well get off. Strong lawyering, our (US) well known idiot jury pool. (Remember OJ and that chick in Florida last week)
It was likely raining that day.
Just because she chose to drive drunk...three times the limit.
Just because she made a southbound left turn at an intersection with no traffic light and hit a northbound motorcycle...It could be shown to have not been her fault.

Inocent until Proven Guilty. That's what we claim.
So let's wait for the verdict and IF GUILTY then can we please give a punishment that will keep her off the road for life? And send a message to the other drunk and reckless morons. Maybe rotting in a hole, hanging, stoning or burning at the stake is too much...but remember the guy she hit is still Dead.

My "research" is attached and now it's time to watch something on TV.

Kevin

[spydglide]

She may well get off. Strong lawyering, our (US) well known idiot jury pool. (Remember OJ and that chick in Florida last week)
It was likely raining that day.
Just because she chose to drive drunk...three times the limit.
Just because she made a southbound left turn at an intersection with no traffic light and hit a northbound motorcycle...It could be shown to have not been her fault.

Inocent until Proven Guilty. That's what we claim.
So let's wait for the verdict and then can we please give a punishment that will keep her off the road for life? And send a message to the other drunk and reckless morons. Maybe rotting in a hole, hanging, stoning or burning at the stake it too much...but remember the guy she hit is still Dead.

Kevin

We could only hope that would be the outcome.  aaarrgh.   spyder