Parents of Burlington County Accident Victim Seek Change in NJ Law
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The parents of a teenager who was killed in a car accident in Southampton Township, Burlington County are channeling their grief into effecting real change in New Jersey law. They want legislation that will make it mandatory for drivers in fatal car accidents to undergo testing for alcohol and drugs.
In July 2007, seventeen-year-old Anthony Farrace was in a Mercedes Benz driven by his girlfriend, Danielle McLaughlin. She seems to have lost control of the car as she attempted to pass a big rig, crashing the Mercedes into a tree. Farrace died almost instantly. McLaughlin suffered injuries. Over the next few months, she pleaded guilty for charges of careless driving, and ended up paying a fine of $200 dollars and having her license suspended for about six months. Anthony’s parents John and Claudia Farrace believe that McLaughlin should have been tested for alcohol and drug use.
Under New Jersey law, a person in an accident may be tested under two conditions:
- He or she must agree to be tested.
- Police must furnish a search warrant to test for alcohol and drugs. To obtain a search warrant, officers must have evidence or reasonable suspicion that the motorist is intoxicated. For instance, the smell of alcohol on a person’s breath, slurred speech, or disoriented or incoherent behavior could qualify as reasonable suspicion.
The Farraces are pushing for Bill 3838 introduced by Assemblymen Nelson Albano (D Cumberland) and Paul Moriarty (D Gloucester). The bill will mandate drug and alcohol testing for motorists in all fatal accidents. The legislation also has its critics, including those who believe that the law violates the Fourth amendment. Moriarty doesn’t agree. According to him, a person could always refuse to take a drug or alcohol test, and be slapped with license suspension for at least seven months.
Motor vehicle accidents are the number one cause of death for teenagers across the country. It's an incredible waste of potential and promise when a teenager loses his or her life due to reckless or negligent driving, and we seem to be seeing more of these crashes. I recently read a post about teen accidents in Georgia by Atlanta personal injury lawyer Lisa Seigel of the Katz Law Firm. It includes a letter written by a coroner who speaks of his sadness at the number of dead teens he has seen in his job over the last few years.
As the post points, our law enforcement officers and Monmouth County personal injury lawyers can only do so much to grapple with the problem of teen car accidents. Parents must play a bigger role in promoting safe driving practices in their teenagers.
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