Judge's verdict: Vanessa Brown guilty of DWI

MORRISTOWN - Following a not-guilty verdict last week on felony criminal charges related to the death of Ralph Politi Jr., Vanessa Brown was found guilty Monday in state Superior Court of driving while intoxicated, a motor vehicle offense, on May 5, 2012, when she struck and killed Politi with her vehicle as he stood outside his pickup truck on Ridgedale Avenue in East Hanover.

Brown was acquitted Thursday of aggravated manslaughter and vehicular homicide in a jury trial. That verdict prompted the victim’s widow, Rosemarie Politi, to storm out of the courtroom saying, “Are you kidding? Unbelievable! You people are all nuts.” Dozens of relatives and friends who had gathered for the verdict followed her out.

Brown was not present during Monday's hearing to address separate motor vehicle offenses under traffic statutes. Superior Court Judge Salem Vincent Ahto contemplated several aspects of Brown’s case before reaching a verdict, including what amount of time after the crash would be considered “reasonable” to measure Brown’s blood-alcohol content.

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According to testimony in the Politi trial, Brown's blood-alcohol content measured 0.133 percent when it was tested 2½ hours after the 1:48 p.m. crash on May 5, 2012. The legal limit in New Jersey is 0.08 percent.

Ahto said since Brown was unable to leave Morristown Medical Center following the crash, the moment she was admitted to the hospital is when she was considered under arrest even though she was not charged immediately. Based on precedent, Ahto said, he was satisfied the blood was drawn within a reasonable period of time.

Ahto also said while defense lawyer Edward Bilinkas argued that the blood sample with the 0.133 percent blood-alcohol level had been compromised after a vial had broken sometime during the past four years, he was satisfied that was not an issue.

READ FULL STORY: Not guilty: Morris jury clears woman in East Hanover fatal 

Ahto also mentioned neurological tests of balance and coordination were not performed at the scene, so he relied on video footage he had seen during the trial.

“Based upon my looking at the video, I didn’t see Ms. Brown stumbling or looking for support,” Ahto said. “The same was indicated by witnesses, who saw no bloodshot eyes or speech slurred.”

READ MORE: Vanessa Brown trial: Defense claims East Hanover fatal was not a crime 

Ahto said that prior to the crash, Brown’s vehicle straddled two lanes and left the roadway onto the shoulder despite good weather and light, and though explanations for her driving were argued by the defense, the evidence did not appear to back them up.

The judge said he even considered the fact that Brown was upset prior to the crash, though that cannot be used as a defense for the charge.

“I think I have considered all aspects,” Ahto said. “So that being said, the .133 reading taken within a reasonable period of time, where the person was an absolute liability … with respect to that charge I find her guilty.”

READ MORE: Morris jury sees footage of fatal East Hanover crash 

In addition to driving while intoxicated, Brown was found guilty of reckless driving, careless driving, failure to maintain lane and having an unregistered vehicle for the May 5, 2012, crash.

For motor vehicle offenses that took place on nearby Troy Road in East Hanover prior to the crash, Ahto found Brown not guilty.

Because Brown had a prior DWI charge, a guilty verdict calls for mandatory maximum fines up to about $1,500, 30 days of community service, two to 90 days in jail, a two-year license suspension and having an ignition interlock device in her vehicle for one to three years.

Ahto said since Brown had already served nearly four years in the Morris County Correctional Facility, ordering additional jail time would not be necessary.

READ MORE: Accused East Hanover drunken driver declines to testify 

Brown’s sentencing date is set for Monday, April 4, and she has been ordered not to drive until then.

The Morris County Prosecutor’s Office also commented on Thursday’s not-guilty trial verdict.

“The jury has spoken, and the Morris County Prosecutor’s Office abides by the verdict,” the Prosecutor’s Office said.

Staff Writer Michael Izzo: 973-428-6636; mizzo@gannettnj.com