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Charges dropped against New Kensington woman for Maryland crash that killed her daughter

| Monday, Jan. 7, 2013, 1:05 p.m.

Charges against a New Kensington woman in connection with her daughter's death in a motor vehicle crash were dropped on Monday, although there is a chance that new charges will be filed.

Tabitha Dobrzynski, 38, faced multiple charges in Wicomico County, Md. They included negligent manslaughter by motor vehicle and driving/attempting to drive vehicle while impaired by controlled dangerous substance.

All charges against her were dismissed in District Court in Salisbury on Monday. Results of a blood test done by the Maryland State Police crime lab came back negative for oxycodone and benzodiazepine, said Wicomico County State's Attorney Matt Maciarello. However, because the crime lab does not have the capability to test for all substances, Maciarello said the investigation is continuing.

On Aug. 5, Dobrzynski's 11-year-old daughter, Sophia R. “Rosie” Dobrzynski, died in a single-vehicle accident on the southbound Route 13 Bypass in Salisbury. Tabitha Dobrzynski was the driver.

At the time, Dobrzynski told Maryland state Trooper Mark Miller that, before driving, she had taken two Vicodin, one oxycodone, one Prozac and two Soma, charging documents state. Miller also wrote in charging documents that Dobrzynski exhibited signs of impairment and did not perform well on field tests relating to being under the influence of drugs.

“The blood was collected and the blood was analyzed and, when the blood was analyzed, it was not positive for two of the drugs that they were testing for,” Maciarello said.

Maciarello said this does not mean she didn't have these drugs — oxycodone and benzodiazepine — in her system, but that the levels were not high enough to meet the state's threshold for impairment.

Prosecutors will soon request new blood work.

“That blood is being analyzed by a private company that is going to analyze it for other chemical compounds that Maryland State Police crime lab did not test for,” Maciarello said.

The State's Attorney's Office has not yet sent the sample, he said, and, depending on the results, could refile the case.

Assistant Public Defender Natalie Whittingham, who represented Dobrzynski, said that because charges might be filed again, it would not be appropriate for her to comment on the case.

In a phone call, Tabitha Dobrzynski declined to comment.

She has maintained she wasn't guilty but was jailed and, at one point, had to spend time in a drug treatment program to be released on bond, said her husband, Charles Dobrzynski.

“This is good news,” he said.

He said a drug screen showed in December that she wasn't under the influence.

The couple and their other children miss Rosie, he said, adding the family has contended with harsh comments in the community, at school and at work.

“Now she can hold her head up,” Charles Dobrzynski said.

Vanessa Junkin is a staff writer for The (Salisbury, Md.) Daily Times. Trib Total Media staff writer Chuck Biedka contributed to this report.

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