Phillip Tomsic, A former Lincoln University student, has been given a sentence that is beyond minimum sentencing guidelines. Tomsic will serve five to 10 years behind bars for a November 2011 crash near the southeastern Pennsylvania campus that killed one friend and seriously injured another. The Chester County judge went beyond the minimum sentencing guidelines on Thursday for 23-year-old Tomsic as a warning to young people who drink and drive. Tomsic was convicted in August of charges including vehicular homicide and aggravated assault while driving under the influence, involuntary manslaughter and reckless endangerment. Prosecutors said Tomsic hit a tree at more than 85 miles an hour. His friend Anthony Washington was killed instantly and friend Kadeem Fulmore lost his right foot and his left leg and suffered brain injury and severe burns. Fulmore is still hospitalized.
If you are caught driving with a blood alcohol concentration (BAC) of .08% or higher, you will be cited for driving under the influence (DUI). The state of New Jersey takes DUI very seriously and has imposed harsh penalties on people who break the law. The following are the penalties for driving under the influence; they vary according to BAC level and how many times you’ve been caught:
- First offense with BAC of .08% but less than .10%: You’ll lose your license for three months, pay a fine ranging from $250 to $400, mandatory 12 to 48 hour stay at an Intoxicated Driver Resource Center (IDRC) with related fees, and insurance surcharges of $1,000 a year for three years. You may also be required to spend up to 30 days in jail.
- First offense with BAC of .10% or higher: You’ll lose your license for seven months up to one year, $300 to $500 fine, mandatory IDRC stay of 12 to 48 hours with related fees, and insurance surcharges of $1,000 a year for three years. You may also be required to spend up to 30 days in jail.
- Second offense within 10 years of the first offense: You’ll lose your license for at least two years, pay fines of $500 to $1,000, insurance surcharges of $1,000 a year for three years, mandatory IDRC stay of 12 to 48 hours with related fees (or 30 days of community service), and a possible jail stay of 48 hours to 90 days.
- Third offense within 10 years of the second offense: You’ll lose your license for 10 years, pay a $1,000 fine, insurance surcharges of $1,500 a year for three years, mandatory IDRC of 12 to 48 hours with related fees (or up to 90 days of community service), and a possible jail stay of 180 days.
Consult Knowledgeable Somerville DUI Defense Lawyers
If you have been charged with a DUI, contact Mallon & Tranger in Somerville, New Jersey, for a consultation. The attorneys at the Law Office of Mallon and Tranger are committed to protecting the rights and interests of clients throughout the Freehold, Toms River, and Point Pleasant areas of New Jersey.