The East Hampton Star reports that a grand jury will likely indict a woman in a fatal Montauk crash. 30-year-old Lisa Rooney was initially charged with drunken driving following an October crash that killed a bicyclist in Montauk.
Just after 6 p.m. on October 30th, Rooney struck 28-year-old John James Usma-Quintero on Flamingo Avenue. Usma-Quintero died from his injuries. Rooney refused an Intoxilyzer test following the accident.
The Suffolk County District Attorney’s Office obtained a warrant for Rooney’s blood. Blood drawn at 9:33 p.m. showed that Rooney’s BAC was .13, more than three hours after the accident.
Rooney’s attorney said that he had received a grand jury notice and expects his client to be indicted. Her current charge is a misdemeanor DUI charge. If it is upgraded to a felony charge, such as vehicular manslaughter, the case will be moved to Suffolk County Criminal Court.
Rooney entered an in-patient rehabilitation program after the fatal accident. Her initial court appearance was postponed so that she could complete the program.
There are many factors that can affect a person’s blood-alcohol content. Biological gender has an effect, as men and women metabolize alcohol at a different rate. Weight is also a factor in alcohol absorption. A heavier person will have a lower BAC than a lighter person who drinks the same amount.
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What’s in a person’s stomach will also have an effect; someone who drinks on an empty stomach will have a higher BAC than someone who drinks while eating. When it comes to getting sober after drinking, the only thing that can really do that is time. Blood-alcohol levels fall at a predictable rate every hour. It can be determined what a person’s likely blood-alcohol content was at the time of the crash even if the test is performed hours later.