TOMS RIVER, N.J. — The driver in the fatal crash in November in which a fast-moving Porsche landed in the second story of an office building was “substantially impaired” by alcohol and had marijuana in his system as well, officials said Friday.
Branden DeMartin, 22, the driver, and passenger Daniel Foley, 23, both of Toms River, were killed in the crash Nov. 10.
On Friday, the Ocean County Medical Examiner released a toxicology report showing that DeMartin, owner of the vehicle, had a blood alcohol level of .189%, or more than twice the legal limit, Ocean County Prosecutor Bradley D. Billhimer said in a news release.
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DeMartin also had an active THC level of 22 nanograms with a metabolite THC level of 18 nanograms. In states where recreational marijuana is legal, the “per se” impaired driving limit is 5ng of THC. Billhimer said the results also show that Foley, the passenger of the vehicle, had a blood alcohol level of .087%. An individual is presumed to be under the influence of alcohol with a BAC of .08 or greater.
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The men were traveling at a high rate of speed northbound when the vehicle went out of control, hit the median and went airborne into the second story of EXIT Realty Elite, according to police.
Facebook photo of Braden De Martin, 22, who Toms River police say was driving the 2010 red Porsche Boxster that went airborne and crashed into the second story of real estate office early Sunday. De Martin and his passenger, Daniel Foley, died at the scene, police said. (Photo: Facebook photo)
Facebook photo of Daniel Foley, 23, who was in the passenger seat of the 2010 red Porsche Boxster that went airborne and crashed into the second story of real estate office in November. Foley and the driver died at the scene, police said. (Photo: Facebook photo)
“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.”
Press records show that DeMartin was a senior on the Toms River High School East cross country and golf teams in 2014.
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Foley was also a graduate from Toms River East High School, who grew up and “had a passion and knowledge of building and restoring muscle cars, a bond he shared with his loving dad,” his obituary said.
“As chief law enforcement officer of Ocean County, I implore all drivers, young and not so young, to reflect upon this horrific accident, learn from it and always be mindful of the potentially devastating consequences that may results from driving while impaired,” Billhimer said. “It is incumbent upon every single motorist to make good decisions before getting behind the wheel of a car. Failure to make the right choices might well produce irreversible and deadly outcomes.”
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