Driver In Airborne Toms River Crash Was 'Significantly Impaired'

TOMS RIVER, NJ — The driver of a car that went airborne and crashed into the second story of a Hooper Avenue office building in November was "significantly impaired," with high levels of marijuana and alcohol in his system at the time of the crash, the Ocean County prosecutor's office said Friday.

Prosecutor Bradley D. Billhimer announced the findings of the toxicology report on Braden deMartin, 22, who was driving in the Nov. 10 crash that killed deMartin and his passenger, Daniel Foley, 23, both of Toms River.

DeMartin had a blood alcohol concentration of .189, according to the toxicology report from the Ocean County medical examiner, Billhimer said. New Jersey law deems drivers as legally impaired with a blood alcohol concentration of .08.

In addition, DeMartin had THC — the active ingredient in marijuana that causes a high — in his system, Billhimer said. The active THC level was 22 nanograms, with a metabolite THC level of 18 nanograms, he said.

"In states where marijuana has been legalized, the per se impaired driving limit is 5ng," Billhimer said. "As a result of the medical examiner’s findings, it has been determined that Mr. DeMartin was significantly impaired while operating his vehicle."

Billhimer said Foley had a blood-alcohol concentration of .087, also above the legal limit.

DeMartin and Foley were killed Nov. 10 when deMartin's 2010 Porsche Boxter crashed into the second story of an office building along Hooper Avenue. Police said deMartin was speeding northbound on Hooper Avenue when he lost control of the car, which hit an embankment and was sent airborne. DeMartin and Foley were both pronounced dead at the scene.

"This was a tragedy of unspeakable proportions, but what makes it truly heartbreaking is that it was altogether avoidable," Billhimer said.

"I am releasing these findings to the public for no other reason than to educate drivers, particularly younger drivers, as to what can happen if they operate a motor vehicle while under the influence of alcohol and/or drugs," he said. "As chief law enforcement officer of Ocean County, I implore all drivers – young and not so young – to reflect upon this horrific incident, learn from it, and always be mindful of the potentially devastating consequences that may result from driving while impaired."

" It is incumbent upon every single motorist to make good decisions before getting behind the wheel of a car," Billhimer said. "Failure to make the right choices might well produce irreversible and deadly outcomes."

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