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  • By: Kevin Leckerman, Esq.
  • Published: June 10, 2013
A man in a handcuffs - Leckerman Law, LLC

NEWTON – According to officials, 39-year-old Michael Fertitta injured his family off-roading on a ski slope at the Mountain Creek ski resort while he was driving drunk. The accident happened on 4th of May at about 4:30 p.m.

A few weeks ago, Fertitta and his wife, 43-year-old Kelly, were charged with second-degree endangering the welfare of their child in connection with the accident. Fertitta was charged with assault with a vehicle also and additional charges were expected to be filed against him. Now, police charged Fertitta with DUI.

Fertitta has pleaded not guilty and is suspended with pay from the Passaic County Prosecutor’s Office, his attorney James Pomaco told The Record. His wife also pleaded not guilty to child endangerment charges in Superior Court on Tuesday.

Authorities said that Fertitta’s BAC level was more than twice the legal limit when the crash happened. Authorities also told that the couple had been drinking at a winery before the crash. Their 2007 Jeep Wrangler overturned about 20 times down the steepest ski slope, ejecting their 6 years old son from the jeep. Their son suffered a concussion and Fertitta suffered a serious head injury. They all were taken to the Morristown Medical Center by a medivac helicopter for treatment.

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