by Cris Italia
According to police officials, Plutzer was driving her 2001 silver Honda Civic while she was intoxicated. "From the damage to the vehicle and the severity of the injuries to the pedestrian, it appeared she never attempted to slow down," said Det. Richard Laursen of the Nassau Homicide Squad.
At the scene, Plutzer was given a portable breath test and an intoxilizer test was given later at police headquarters. Police officials confirmed that both tests showed that her blood-alcohol concentration was above the legal limit of .10.
"Basically, if you're drunk, it's your fault," said Jim Sergino, a Nassau homicide squad spokesperson.
Police said it was unclear whether Plutzer, 24, exceeded the 30-mph speed limit. Officers at the scene reported that Plutzer had slurred speech, alcohol on her breath and was unsteady on her feet.
Plutzer's attorney, Kenneth Weinstein, publically stated that his client was not intoxicated the night of the accident, but Herrera was. Weinstein said Herrera had consumed a large amount of alcohol that night and had ran out into the street on a rainy night, which had poor visibility for drivers.
An autopsy of Herrera revealed that he did indeed consume alcohol. "The pedestrian and the driver were intoxicated at the time of the accident," said Nassau District Attorney spokesperson, Rick Hinshaw. "[Plutzer] had failed the preliminary breathlizer test," he confirmed.
Specifics of the case were not be released. Assistant District Attorney Frank Shroeder will be prosecuting the case. No date for a trial has been set as of press time. Plutzer pleaded not guilty to the manslaughter charges and was released without bail last week.
