Ocean County Prosecutor Bradley D. Billhimer announced today that the Ocean County Medical Examiner has submitted a Toxicology Report relative to a fatal motor vehicle crash that occurred in Toms River on Sunday, November 10, 2019.  The Report reveals that the driver of the vehicle, Braden DeMartin, 22, of Toms River, had a Blood Alcohol Concentration (BAC) of .189, as well as an Active THC (marijuana) level of 22 nanograms (ng) with a Metabolite THC level of 18ng.  In the State of New Jersey, an individual is presumed to be under the influence of alcohol with a BAC of .08 or greater.  In States where marijuana has been legalized, the per se impaired driving limit is 5ng.  As a result of the Medical Examiner’s findings, it has been determined that Mr. DeMartin was significantly impaired while operating his vehicle.  The passenger in the vehicle, Daniel Foley, 23, of Toms River, had a BAC of .087.

On Sunday, November 10, 2019, Toms River Township Police Units were dispatched for a report of a motor vehicle having crashed into a building on Hooper Avenue in Toms River.  Investigation revealed that Mr. DeMartin was operating his 2010 Porsche Boxster at a high rate of speed northbound on Hooper Avenue when he lost control of the vehicle, struck an embankment, and was propelled airborne into the building.  Mr. DeMartin and Mr. Foley were both pronounced dead at the scene.

Upon learning of the Medical Examiner’s findings, Prosecutor Billhimer offered the following comments:  “This was a tragedy of unspeakable proportions, but what makes it truly heartbreaking is that it was altogether avoidable.  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.  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; failure to make the right choices might well produce irreversible and deadly outcomes.”