Topic: Woman charged in motorcyclist death, New Jersey (Read 4809 times)

porthole · « **on:** July 13, 2011, 11:13:51 PM »

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 · « **Reply #1 on:** July 13, 2011, 11:29:04 PM »

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

Chains · « **Reply #2 on:** July 14, 2011, 04:50:48 PM »

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

StevesCVO · « **Reply #3 on:** July 16, 2011, 12:47:14 AM »

Quote from: cvostu on July 13, 2011, 11:29:04 PM

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 · « **Reply #4 on:** July 20, 2011, 06:00:36 PM »

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 · « **Reply #5 on:** July 20, 2011, 07:45:44 PM »

"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 · « **Reply #6 on:** July 20, 2011, 07:54:08 PM »

Quote from: kraut on July 20, 2011, 06:00:36 PM

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 · « **Reply #7 on:** July 21, 2011, 09:58:27 AM »

Quote from: kraut on July 20, 2011, 06:00:36 PM

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 · « **Reply #8 on:** July 21, 2011, 10:16:04 AM »

Quote from: spydglide on July 20, 2011, 07:54:08 PM

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 · « **Reply #9 on:** July 21, 2011, 01:51:45 PM »

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 · « **Reply #10 on:** July 21, 2011, 03:10:10 PM »

Quote from: JCZ on July 21, 2011, 10:16:04 AM

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 · « **Reply #11 on:** July 21, 2011, 06:44:03 PM »

Quote from: guppytrash on July 21, 2011, 09:58:27 AM

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 · « **Reply #12 on:** July 21, 2011, 08:18:16 PM »

Quote from: kraut on July 21, 2011, 06:44:03 PM

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 · « **Reply #13 on:** July 21, 2011, 09:04:56 PM »

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 · « **Reply #14 on:** July 21, 2011, 09:24:30 PM »

Quote from: KKM on July 21, 2011, 09:04:56 PM

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

grc · « **Reply #15 on:** July 21, 2011, 09:48:36 PM »

I'm a firm believer in the idea that anyone can make a mistake. But in my book, when someone chooses to repeatedly drive drunk, that's not a simple and forgiveable "mistake". A two or three ton vehicle is a deadly weapon in the hands of a drunk or distracted driver, and I don't think we can just turn the other cheek or give them three strikes before they're "out".

Once all the facts are in there may be mitigating circumstances that might temper the punishment, but if the driver was in fact driving with a BAC three times the legal limit (pretty easy to determine with blood tests these days), and she has already been convicted of DUI on previous ocassions, I don't see where it's unreasonable for us to expect that she suffer major punishment. Part of the reason people don't respect the law, or think laws are only for the other guy, is the widespread lack of enforcement and meaningful punishment. I've read stories locally of folks who have had as many as six DUI's before finally killing someone, and they were still driving up and down the highways after getting nothing more than a slap on the wrist six times in a row. That kind of crap needs to stop, and the judges who keep looking the other way need to be held accountable. As far as I'm concerned, having some drunk run me down and kill me is no different than having some gang banger walk up and put a .45 caliber round in my head. I'd be dead either way, but only one of the guilty parties would be considered a murderer. BS.

Jerry

KKM · « **Reply #16 on:** July 21, 2011, 09:50:04 PM »

Right spyder,

Corrected...IF Guilty...

K

DDavidson · « **Reply #17 on:** July 21, 2011, 09:54:23 PM »

A tragedy all around, the defendant's life is ruined, the victim's life has been taken, and both families will never be the same.

porthole · « **Reply #18 on:** July 22, 2011, 01:03:47 PM »

Quote from: DDavidson on July 21, 2011, 01:51:45 PM

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?

Are you a defense attorney?

JCZ · « **Reply #19 on:** July 22, 2011, 02:22:04 PM »

Quote from: porthole on July 22, 2011, 01:03:47 PM

Are you a defense attorney?

miker · « **Reply #20 on:** July 22, 2011, 03:06:04 PM »

DDavidson · « **Reply #21 on:** July 25, 2011, 04:05:10 AM »

Quote

Are you a defense attorney?

Not sure why you asked this?

Just evaluating this accident and I only made the comments to think about using extra driving defenses to my advantage. (Not saying the rider should have been riding differently.)

The rider was in the right but was there a way he could have been more safe? Maybe driving closer to the vehicle in front causing the turning vehicle to pass behind him, or riding closer to the center line becoming more visible?

Again just wondering how to be in the best defensive position against somebody making a mistake because dead is dead whether you were in the right or not.

Since I can't prevent others from driving impaired/distracted/stupidly I was hoping to get some constructive feedback from other site members with productive ideas that might help me avoid this situation by riding in a more defensive style.

Hanging the drunk until she rots deters me from drinking and driving but it doesn't help me with ideas on how to ride smarter and safer.

I learned from my own accidents so I thought I could learn from other's accidents as well.

Ideas from others in regards to motorcycling is the biggest asset of this site so I just keep fishing for ideas.

No, I'm not an attorney but I did sleep at a Holiday Inn.

Screamin · « **Reply #22 on:** July 25, 2011, 08:33:55 AM »

Make her rot. Soon.

JCZ · « **Reply #23 on:** July 25, 2011, 08:41:56 AM »

Quote from: DDavidson on July 25, 2011, 04:05:10 AM

Not sure why you asked this?

No, I'm not an attorney but I did sleep at a Holiday Inn.

Does your wife know?

CBW · « **Reply #24 on:** July 27, 2011, 08:07:15 AM »

Quote from: StevesCVO on July 16, 2011, 12:47:14 AM

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

I TOTALLY agree

Dan_Lockwood · « **Reply #25 on:** July 27, 2011, 11:18:55 AM »

I do not drink, but a friend of mine does and was "lucky" to have been stopped and given a DUI without any harm to anyone else, other than his driving record, insurance and wallet.

When he went through the manditory schooling, the instructor told the class a very scary statistic.

The average driving and drinking person drive on average 300 times while drunk "before" getting stopped, getting in an accident and/or killing someone. That is an awful amount of exposure to drunk drivers by other drivers or riders.

As to my friend, one time caught was enough. He now makes sure that there is a way to get home without driving or he does not drink.

Some of the people we used to ride with would ride 10 miles and then stop for a beer, my buddy and I would drink Diet Coke. Then we would go maybe another two blocks to another bar and get more beers/diet Cokes. The guy that was leading us drank a lot and hasn't had a drivers license for many years because of DUI's. His wife rides on the back with him and he always seems to get away with it. He's been thrown in jail and out the next morning with just a fine. We quit riding with them mainly for the drinking reason. When we ride now, alone, my wife may have a beer or two over the course of the day, buy most likely ice tea.

I used to drink a bit, but it was never pretty and I never drove drunk. When I drank I'd get sick or go to sleep and my ex-wife would drive home. I just don't enjoy it anymore and diet Coke works just fine for me.

grc · « **Reply #26 on:** July 27, 2011, 01:17:05 PM »

Quote from: Dan_Lockwood on July 27, 2011, 11:18:55 AM

.........................................................
Some of the people we used to ride with would ride 10 miles and then stop for a beer, my buddy and I would drink Diet Coke. Then we would go maybe another two blocks to another bar and get more beers/diet Cokes. The guy that was leading us drank a lot and hasn't had a drivers license for many years because of DUI's. His wife rides on the back with him and he always seems to get away with it. He's been thrown in jail and out the next morning with just a fine. We quit riding with them mainly for the drinking reason. ...............................................

Sadly that guy is just the tip of the proverbial iceberg. The fact that any of us manage to go out and ride on any particular day without becoming a victim of this sort of clown or one of the "distracted" azzholes with the cellphones/makeup/newspapers/etc. is kind of amazing. I don't know about anyone else, but I'm getting real tired of having my health and well being put at constant risk by those who do stupid and illegal things with impunity. We have technology these days that could keep a lot of these folks from doing the things they do, but it seems that we can't come up with the backbone legislatively to pass tough laws and then to enforce those laws with zeal. Until your friendly prosecutor or judge loses a loved one to one of these clowns, it doesn't seem to bother them when they look the other way and continue to enable them.

The only reason we don't have a bloodbath of massive proportions on the roads these days is related to all the safety advances in the vehicles themselves that allow folks to walk away from collisions that would have meant instant death 40 years ago. Maybe all those crush zones, airbags, etc. have fooled some into believing the threat isn't as severe as it really is. Unfortunately, those of us who ride motorcycles have no such protection.

Jerry

Midnight Rider · « **Reply #27 on:** July 27, 2011, 01:56:14 PM »

Quote from: DDavidson on July 25, 2011, 04:05:10 AM

The rider was in the right but was there a way he could have been more safe? Maybe driving closer to the vehicle in front causing the turning vehicle to pass behind him, or riding closer to the center line becoming more visible?
Again just wondering how to be in the best defensive position against somebody making a mistake because dead is dead whether you were in the right or not.

Agree, we all need to never let our guard down and do everything possible to make ourselves more visible by picking the right place to be in our lane, etc.

I certainly think that since this woman is obviously a menace to others on the road, she should suffer some dire consequences for her negligent behavior, particularly in light of the fact that she has a history of DUI. Obviously, the lady needs some serious help, and hopefully she will get that along with some real time to think about what she did.

Cvostu · « **Reply #28 on:** July 29, 2011, 07:33:30 AM »

I really think in my heart that a person like this really doesn't care that she gets drunk 3x over the legal limit. It didnt seem to stop her and gets right behind the wheel of a car and kills some one. They don't change. They just keep doing it till someone dies and that doesn't mean that if they get anther chance to drive drunk they won't. Do we really miss these kind of murderers out there?? I sure don't. When does this nonsense tolerance just stop? I still say " let her rot". And that still seems too light a punishment for me. That poor guy that she killed will never come back. That's really the worst part of this whole story. To me, when someone does something like this,,, they really have no regard for anyone or anything. Don't get me started

spydglide · « **Reply #29 on:** July 29, 2011, 08:29:32 AM »

Quote from: cvostu on July 29, 2011, 07:33:30 AM

I really think in my heart that a person like this really doesn't care that she gets drunk 3x over the legal limit. It didnt seem to stop her and gets right behind the wheel of a car and kills some one. They don't change. They just keep doing it till someone dies and that doesn't mean that if they get anther chance to drive drunk they won't. Do we really miss these kind of murderers out there?? I sure don't. When does this nonsense tolerance just stop? I still say " let her rot". And that still seems too light a punishment for me. That poor guy that she killed will never come back. That's really the worst part of this whole story. To me, when someone does something like this,,, they really have no regard for anyone or anything. Don't get me started

Someone needs to get 'started' on this issue, Stu, as it continues in the same lame way of not addressing the problem. Our 'justice' system doesn't appropriately met out significant results to stop this behavior.

spyder

Author Topic: Woman charged in motorcyclist death, New Jersey (Read 4809 times)