Aug 10, 2011 10:45 AM

As part of her guilty plea, Ms. DePersia could still serve jail time if she “steps out of line at all.”

“My job is to do the best I can for my client,” Mr. Scharfenberg said. “I believe that what was negotiated was a fair resolution for everybody. I understand that the victims don’t believe that. I appreciate that, but not every case calls for incarceration. When people have made a real effort for treatment and are getting good reports, that shouldn’t be stopped.”

Mr. Gluck and Ms. Soyka filed a joint lawsuit against Ms. DePersia on December 6, 2010—just nine days after the crash—according to court documents. Their lawyer, David A. Shapiro, of the Briarwood law firm, Zelenitz, Shapiro & D’Agostino, said in an email on Monday that his clients are not seeking a specific amount in damages, explaining that a jury will be entrusted to put a figure on the final settlement.

The lawsuit states that Ms. Soyka “sustained severe and permanent personal injuries” and that she is “seeking to recover only those damages not recoverable through no-fault insurance under the facts and circumstances in this action.” Mr. Shapiro declined to clarify if Ms. Soyka was trying to recover lost wages or if she had been out of work for an extended period of time due to her injuries.

Mr. Gluck said he is concerned that Mr. Scharfenberg’s connection with the DA’s office—he previously worked in that office and is the former head of the Suffolk County Bar Association—could have resulted in a more lenient sentence for Ms. DePersia. Mr. Gluck, who attended Ms. DePersia’s last court date, also said he fears that the judge will only give her probation because she agreed to undergo alcohol rehabilitation counseling.

According to Mr. Clifford, Ms. DePersia’s arrest record reveals a history of drinking and driving arrests. In 2003, she was convicted of driving while her ability was impaired by alcohol, a violation, though Mr. Clifford could not offer specific details regarding that incident. She had her license suspended and paid a fine, Mr. Clifford said. Then in 2009, Ms. DePersia was convicted of her first DWI for her role in a minor accident that occurred in East Hampton in 2008. As a result of that conviction, she had her license suspended a second time, paid a fine and was put on probation for three years, according to Mr. Clifford.

Ms. DePersia was still on probation at the time of the accident last fall, though her license has since been returned.

Mr. Gluck and Ms. Soyka had been spending a weekend on the East End with the Scholacks and were heading back to East Quogue on the night of the accident. They said they had just finished watching the movie “Love and Other Drugs” at the United Artists East Hampton theater and were heading home when their car was struck by Ms. DePersia at around 11:30 p.m.

“She had a Starbucks cup with her name on it full of red wine,” said Mr. Gluck, referring to details included in the Southampton Town Police accident report. He added that one of the last things he remembers from that night is seeing headlights from an oncoming car before his vehicle was sent spiraling into an embankment.

Ms. DePersia, who told police in a statement that she “had been drinking wine and must have fallen asleep,” according to the same report, refused to take a Breathalyzer test. She did not require medical attention and was arrested a short time later, according to police records. As a result of her refusal, and the fact that she did not seek medical treatment, there is no blood-alcohol reading from that night.

Ms. Scholack—who was pregnant at the time with the couple’s first child—said the events of that evening were the first of what would become a seven-month waiting game to learn if her unborn child had suffered any permanent injuries. Following the collision, Ms. Scholack recalls exiting the car and lying facedown on the pavement because of sharp pains in her ribs that made it difficult for her to breathe.

Her concerns turned to relief seven months later with the birth of her son, Henry, who is now 12 weeks old, though she said the emotional distress she had to endure for the remaining months of her pregnancy prevented her from enjoying what should have been a special time.

Ms. Soyka, who had to have several operations after doctors reset her broken nose, said the accident also took its toll on her relationship with her son, Tyler, now 2. She explained that she had her first surgery at New York University Medical Center in Manhattan just a day after the accident, and as a result, was unable to play with her young son.