Drunk Lambo Driver Kills Uber Driver in Delray

I'll have to drive by but I believe the Lambo had the right of way with no stop sign. The cross streets definitely have a stop sign. A couple news articles reference a "dangerous intersection" sign, perhaps that's what you see in the video?

 

Lambo driver charged with DUI Manslaughter:

Lamborghini driver was drunk and speeding in crash that killed Uber driver, 82, police say - Sun Sentinel

A fter drinking at least three Long Island Iced Teas, a Lamborghini driver was speeding along at 75 mph before he smashed into another vehicle and killed its 82-year-old Uber driver, police said.

Roger Wittenberns, 61, turned himself in and was booked into Palm Beach County’s jail shortly after 7 p.m. Monday on charges that include negligent manslaughter and driving under the influence.

According to a Delray Beach police report released Tuesday, Wittenberns and then-girlfriend Patty Ann McQuiggin, now his wife, spent about two hours on the afternoon of Sept. 21 at City Oyster in Delray’s downtown entertainment district and ordered more than a dozen drinks.

A duplicate of Wittenberns’ check at Table 15 showed “3 Long Island Iced Tea, 3 Cosmo, 3 Goose 4oz” before moving to the bar area for another Long Island Iced Tea, a vodka martini and another “Goose 4oz” the report said.

The couple’s server confirmed that Wittenberns drank three Long Island Iced Teas, a drink typically made with tequila, vodka, rum, triple sec, gin and a splash of cola, the report said.

When the couple left the restaurant, Wittenberns drove his yellow Lamborghini and his girlfriend followed in a separate car, a Porsche, police said.

Wittenberns was headed north on Northeast Sixth Avenue when he crashed into a silver Buick Enclave driven by Uber driver J. Gerald Smith at Northeast First Street.

Police reconstructed the crash and estimated his speed at 75 mph.

Blood drawn at Delray Medical Center less than an hour after the crash showed his blood-alcohol level at 0.15, nearly double Florida’s legal limit of .08, the arrest report said.

An investigator wrote in the report that Wittenberns had slurred speech and glassy eyes and told police that he had “a couple of drinks.”

“He appeared tired and was unable to keep his eyes open,” the report said.

Wittenberns told police he was unable to stop or slam on the brakes before the impact with Smith’s car. He also said he was taking medications that included a blood thinner and Xanax, an anti-anxiety drug.

He said he had drank a Long Island Iced Tea but didn’t remember how many he drank, although the server “might’ve brought a second one.”

Smith, who had been heading home to have dinner, died at the scene of the crash. Wittenberns, who founded the Lady of America fitness club chain, was hospitalized for his injuries.

At Wittenberns’ first court appearance Tuesday morning in West Palm Beach, Judge Dina Keever-Agrama set his bond at $450,000 and put him on house arrest.

Keever-Agrama ordered that Wittenberns have no contact with any witnesses, but one of the witnesses is Wittenberns’ wife, McQuiggin. The judge made an exception for Wittenberns to be able to talk with her, but the couple is not allowed to discuss the case.

Wittenberns also is prohibited from driving or having alcohol, weapons or drugs without a prescription. He’ll be tested randomly for drugs and alcohol, the judge ordered.

His driver’s license and passport were surrendered to the court.

Walking out of the courtroom, Wittenberns’ lawyer, Marc Shiner, had no comment. “This court case needs to be heard in the courtroom, not tried by the media,” he said.

His client faces charges of vehicular homicide, DUI manslaughter and DUI causing injury.

Just over a month after the crash, Wittenberns and McQuiggin filed a marriage license application with the Palm Beach County Clerk’s Office, on Oct. 24. The two were married at the county courthouse in Delray Beach on Nov. 21, 2016.

Legal experts say people at risk of lawsuits or criminal charges can seek certain protections by getting married.

Fred A. Schwartz, a criminal defense and civil litigation attorney in Boca Raton, said marriage shields a husband or wife from testifying against a spouse in civil and criminal cases.

“Anything a wife sees or hears during the course of a marriage is privileged,” Schwartz said, using the example of a husband who comes home with blood all over his clothes and tells his wife he killed someone.

The right could cover any events, even those that took place before the marriage began, he said.

Marriage also protects jointly owned property from being seized by a debt collector or lawsuit, said Schwartz, a partner with the law firm Kopelowitz Ostrow Ferguson Weiselberg Gilbert. The same property could otherwise be exposed, Schwartz explained.

Smith was a retired real estate agent who was driving for the ride service Uber when the crash happened.

A wrongful death lawsuit against Wittenberns, filed in March by Eloisa Smith, his widow, was settled April 29 for an undisclosed amount.

Staff Writer Marc Freeman and staff researcher Barbara Hijek contributed to this report.

 

http://cbs12.com/news/local/millionaire-lambo-driver-faces-trial-for-fatal-collision-with-uber-driver

DELRAY BEACH, Fla. (CBS12) — A millionaire Lamborghini driver charged with driving drunk, killing an 82-year old Uber driver is now on a trial calendar for this coming fall.

Roger Wittenberns appeared in court for a status check Friday morning.

The judge said no more continuations, and put the case on a trial calendar this coming fall.

The crash happened on U- 1, just north of downtown Delray Beach in 2016.

Police say Wittenberns was traveling at least 75 miles an hour when he crashed into Gerald Smith, who was pulling out from a cross street.

Police say Wittenberns and the woman who's now his wife ordered 12 alcoholic drinks within a 2-hour period before the crash.

Witternberns faces a lawsuit from Smith's widow, and a lawsuit from an insurance company out of Broward County which claims he moved millions of his assets to avoid paying out in lawsuits.