Smith
GOSHEN – A Bloomingburg woman faces prison time after pleading guilty
to driving under the influence of drugs and crashing into a tree resulting
in the death of her two-year-old son.
Nicole Smith, 27, pled guilty to aggravated vehicular homicide in incident.
She admitted before Orange County Court Judge Craig Stephen Brown to driving
recklessly on March 19, 2016 while under the influence of Methadone and
Xanax. She attempted to pass another vehicle on Route 17K in Montgomery
by crossing over the double yellow line. Her car struck the other vehicle,
ran off the road, hit an embankment and struck a tree. As a result, her
child was ejected from the car and killed.
Orange County District Attorney David Hoovler’s Office will recommend
a sentence of five to 15 year in prison when sentenced in October.
Smith’s plea to aggravated vehicular homicide was taken as part
of Leandra’s Law. The section concerns the death of a passenger
under the age of 15 when the driver is impaired by the use of alcohol
or drugs.
The plea marks the first time there was such a plea in Orange County.
The law became effective in December 2009.
The case was investigated by Town of Montgomery Police and State Police.
“Once again an offender’s decision to drive while under the
influence of powerful drugs has had tragic consequences,” said Hoovler.
“I can think of no more tragic circumstances than a mother killing
her own son.”
The case was prosecuted by Assistant District Attorneys Kerry Kolek and
Steven Goldberg.
