Facts:  Former Melrose Place actress Amy Locane is fighting for her freedom as she is currently on trial for a fatal automobile accident that took place in June 2010.  According to witnesses, Ms. Locane was at a theater party drinking wine and taking the anti-depressant Zoloft. She then made the tragic decision to get behind the wheel of her car.  

Ms. Locane apparently rear-ended a car while driving under the influence.  The driver of that car attempted to take Ms. Locane’s keys away, but Ms. Locane sped off through a residential neighborhood.  The driver of the car chased Ms. Locane, but she was never able to stop her.  Ms. Locane’s vehicle struck a number of objects alongside the road before finally colliding with a second car.  Unfortunately, this accident killed a passenger and critically injured the driver of the other car.  

Ms. Locane left her automobile and was later found laughing and rambling in a ditch near the accident.  She had little recollection of the accident and was unaware of the fatally injured passenger until much later on.  She has been charged with aggravated manslaughter and assault by auto.

Legal:  In New Jersey, one is guilty of aggravated manslaughter when the death of another is caused by some reckless behavior that shows extreme indifference to human life.  Ms. Locane is facing ten to thirty years in jail if convicted.  

Assault by auto is typically charged when there are injuries as a result of a DUI accident.  It is similarly proven by the driver acting recklessly, which is fairly obvious when the driver is drunk.  The penalty can be as high as ten years in jail.

Analysis:  This case clearly shows the concerns that I have been trying to explain to you for weeks.  Ms. Locane presumably had been mixed up in drinking and prescription drugs for a number of weeks or perhaps much longer.  Because she did not seek help, this disastrous set of events was set into motion.  On that June evening, she got into one accident, and instead of stopping to accept the responsibility of her actions, she continued to dangerously speed through residential neighborhoods.  Someone was killed, and she is now facing up to thirty years in jail for her poor decisions.

Years ago, this would have been charged as involuntary manslaughter, and Ms. Locane would have likely only faced a few years in jail, if that.  Since the concern over drinking and driving has become more of an important national issue, the penalties have necessarily increased.  Ms. Locane’s lawyer is attempting to defeat the charges and have evidence excluded from trial because he claims she had a head injury immediately after the accident.  At this point, that defense is her best chance to avoid jail time.  It’s not looking good for her.  The prosecution only has to show that she was reckless to prove both charges.  Ms. Locane’s breathalyzer test showed that she was intoxicated more than three times over the legal limit.  It is hard to argue that this wouldn’t qualify as reckless behavior.  Anybody who decides to operate a vehicle while intoxicated is engaging in dangerous and reckless behavior.

This is a tragic story for all parties involved.  Lives were lost that June night.  Ms. Locane has two young girls who might lose their mother to significant jail time.  This is all because Ms. Locane was using alcohol and drugs and then stupidly decided to drive that evening.  I’ve previously warned of these dangers, especially the legal consequences of drinking and driving.  This is a sad but necessary example, and it is my hope that none of you follow it.