Repeat Impaired Driver Crashes with Retired Montgomery County District Court Judge Who Spared Him in 1998. Who Will Spare Him Now?

Eleven years after the Honorable Edwin Collier spared a repeat offender for driving under the influence for two DUI(s) within three months, he veered into the Judge's lane of travel and struck his vehicle head on.  Judge Collier and his wife, Ellen, were driving in Gaithersburg when the head on collision occurred.  Judge Collier suffered a broken leg and fractured ribs, and his wife, Ellen, suffered a compound leg fracture, fractured hip, fractured ribs and a neck injury.  It was determined that the repeat offender, Rene E. Fernandez who was tested after the accident, had more than two times the legal limit of alcohol in his system.



According to Montgomery County Circuit Court records, Mr. Fernandez was to plead guilty to one count of causing a life threatening injury, while intoxicated.  The remaining charges would be dropped according to a plea agreement.  The sentencing guidelines call for up to two years in prison. Mr. Fernandez is presently awaiting disposition from the Circuit Court for Montgomery County.

Judge Collier and his wife, Ellen were forced to move from their Bethesda home to a retirement community due to diminished mobility caused by Mr. Fernandez.

If you, a family member or someone you know has been involved in an automobile accident involving a drunk driver or you need more information on automobile accidents or drunk driving laws, please contact one of our experienced personal injury lawyers or DUI lawyers at Portner & Shure for a free consultation.  

Alcohol May Have Contributed to Single Vehicle Accident in Howard County

On Friday, January 15, 2010, at approximately 3:20 a.m., there was a serious single car accident on Broken Land Parkway in Howard County, Maryland near Stevens Forest Road. The causes of the accident were not clear. However, it is suspected that alcohol was involved. One of the passengers was transported to the University of Maryland Medical Center in Baltimore City for serious injuries. The driver was taken to Howard General Hospital for minor injuries while another passenger was evaluated by paramedics at the scene and released.

Although the driver of a vehicle may be at fault for the accident, that fact does not prevent a passenger from pursuing a claim when bodily injuries are involved. A passenger has the opportunity to pursue a claim against the driver's insurance policy. However, if the passenger got into the vehicle knowing that the driver was intoxicated the insurance carrier may deny the claim. Under these circumstances the carrier will argue that the passenger assumed the risk of an injury and therefore cannot recover. Clearly, this is yet another reason not to drive with someone who has been drinking.

If you, a family member, or someone you know has been injured in a motor vehicle accident wherein alcohol was involved or you would like more information on car accidents, please contact Portner & Shure for a free consultation.