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Defense Attorney Argues Woman Charged In Fatal DUI Crash Wasn’t High


Date: September 5, 2017

LOWER SAUCON TWP., Pa. – 55-year-old Nadine Walton, who was accused of causing a deadly accident which left her 2 grandchildren dead, has turned herself in to the authorities.

According to her lawyer, she was not driving under the influence when the accident happened as was stated by the investigators.

On 14th of September, Walton was behind the wheel under the influence of marijuana when she lost control of her Nissan Versa. The vehicle hit a guardrail and was then hit by passing vehicles twice, along Interstate 78. The cops found the driver trapped inside the vehicle and her grandchildren were both ejected from the vehicle. The grandson died on the accident spot and the 2-year-old granddaughter died some days after the accident.

For causing the accident in September 2016, she faces vehicular homicide charges. She was sentenced by District Judge Elizabeth Romig-Gainer on Friday morning.

She was an employee in the finance department of University Hospital in Newark, but she has to leave her job due to the life changing injuries, including brain injury. The Defense attorney, Scott Wilhelm, had asked the judge to consider the option of an unsecured bail, saying that she is not physically or financially fit to run to any other place. He also added that Walton is not in a condition to pay for her defense and she has no criminal history. He further said, “At 55 years of age, she’s never been in trouble before.”

Her bail was set at $25,000 and there was an option of 10% given by the judge. Her relatives posted the amount of $2,500 cash bail sometime after the arraignment.

According to the lawyer, it will be up to the prosecution to provide evidence that Walton had been smoking marijuana prior to the wreck. He also said it takes almost a month by the human system to metabolize the active ingredients in marijuana. So, if she was driving under the influence of Marijuana, the intoxication test must show the drug in her system. He further said that the deadly accident was a “terrible tragedy,” but not necessarily a crime. “She didn’t drive from South Carolina, while under the influence. She had not consumed marijuana at all that day before driving.”

She appeared in court along with her family. Her daughter was also present. Walton was walking with the help of a walker. Her labored breathing, because of a permanent tracheotomy, was audible.

She was charged by the State police with multiple crimes including:

  • Involuntary manslaughter
  • Vehicular homicide
  • Driving under the influence
  • Vehicular aggravated assault
  • Vehicular homicide while driving under the influence
  • Vehicular aggravated assault while driving under the influence
  • Possession of a controlled substance
  • Marijuana possession
  • Possession of drug paraphernalia
  • 4 summary traffic offenses

She is summoned to court for a preliminary hearing on 11th of September.

News Source: www.WFMZ.com

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About the Author

Attorney James A. Abate practices Criminal Defense, DWI Defense, Business Litigation, Real Estate & Personal injury cases in Union County, New Jersey.