New details have been released by the Ocean County Prosecutor regarding the fatal Porsche accident in Toms River on November 10th that killed the driver and his passenger.

Prosecutor Bradley Billhimer made an announcement Friday morning that the Ocean County Medical Examiner has submitted a Toxicology Report which revealed 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 18 ng in his system at the time of the accident on Hooper Avenue the Sunday morning of the crash.

"In the State of New Jersey, an individual is presumed to be under the influence of alcohol with a BAC of .08 or greater," Billhimer said. "In States where marijuana has been legalized, the per se impaired driving limit is 5 ng. 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.

DeMartin was speeding down Hooper Avenue in the middle of the night at an extremely high rate of speed when he lost control of the vehicle and struck the median and embankment before his Porsche Boxster went flying into the air and landed upside down inside of the Exit Elite Realty office building.

Skid marks could be seen on the eastbound side of Hooper Avenue heading toward the center median and the building. The car landed upside down with its bumper landing on the front lawn.

It's not known if the crash killed both DeMartin and Foley upon impact or after the crash.

Driver Braden DeMartin's girlfriend, Kristen Aguiar, at the time told NJ.com that the 2010 Porsche Boxster was a gift from his father. She said the 22-year-old and his 23-year-old passenger, Dan Foley, both of Toms River, had been playing billiards at a place on Route 37 and went "joyriding" afterward — something she and DeMartin did frequently together.

Aguiar said she was supposed to be with DeMartin, but fell asleep, according to the report. Her last text from DeMartin was around 1 a.m., she told NJ.com.

The car was found between 6:00 and 7:00 am that morning.

Upon learning of the Medical Examiner’s findings on Friday morning, Ocean County 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.”

The crash remains under investigation.

 

Previous reporting by Dan Alexander was used in this article.

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