Bayville Woman Gets 90 Days In Jail And Five Years Probation For Assault By Auto

by Patricia A. Miller

A Bayville woman whose blood alcohol level was five times the legal limit when she plowed into a township couple’s car in January 2014 will spend the next 90 days in the Ocean County Jail, the Ocean County Prosecutor’s Office said.

Ocean County Superior Court Judge Patricia B. Roe also sentenced Christina M. Guarnieri, 40, to five years probation for assault by auto and driving under the influence. The jail term is the maximum penalty for a second DWI offender, said spokesperson Al Della Fave.

Guarnieri’s blood alcohol content was a .40 percent at the time of the accident, which happened at 4:30 p.m. on Jan. 31, 2014. The drunk driving conviction was Guarnieri’s third DWI, but because the last DWI was more than 10 years ago, she was entitled to be sentenced as a second-time offender, Della Fave said.

Police found that Guarnieri crossed over the center line at the intersection of Route 9 and Sylvan Lakes Boulevard and struck a vehicle occupied by Gerry and Josephine Morey, he said.

Both victims sustained serious injuries. Josephine Morey - a teacher in the Neptune Township School District who was an avid photographer and writer before the crash - suffered a traumatic brain injury, fractured skull, broken thumb, crushed nerves and herniated discs. Her injuries still impact Morey’s daily life and career, Della Fave said.

Guarnieri pleaded guilty to third-degree assault by auto and driving while under the influence on April 6. The Moreys were present in court at the sentencing. Josephine Morey told Roe that she has made herself available to students over the past 15 years so they would not get into a vehicle with a drunk driver or drive drunk themselves, Della Fave said.

Assistant Prosecutor Jamie L. Schron argued for a state prison term. He cited the grave dangers of drunk driving, the defendant’s excessive blood alcohol content and the extreme impact on the victim and her family.

Steven Hernandez, Guarnieri’s attorney and Guarnieri asked Roe not to impose jail time because she had no prior criminal record, Della Fave said.

Guarnieri told Roe that jail time would impose an ”excessive hardship” on her family. Hernandez said that she did not “contemplate the harm her conduct caused,” Della Fave said.

But Roe cited Guarnieri’s excessive blood alcohol content and the need to deter drunk driving as reasons for the jail time, he said.