Being charged with driving under the influence requires a strong criminal defense. Sometimes a DUI charge is the result of an accident, while other times it may stem from a simple police stop. If a suspect was involved in a crash that caused injuries to another person, there may be additional charges such as assault or manslaughter.
On Aug. 11, a 41-year-old woman driving a Chrysler PT Cruiser was hit by a New Jersey Transit train after her vehicle traveled onto the tracks in Montvale. Though the train driver attempted to break, he was unable to stop in time. Fortunately, neither the driver of the Cruiser nor any of the train's crew or 30 passengers were injured. However, the driver of the Cruiser was taken to a local hospital for observation.
According to police, the woman drove into the parking lot and then onto the platform before coming to a stop on the train tracks. The accident resulted in a halt to train traffic for over an hour.
Judging from a news report, it is unclear if there was any damage to the train or to the tracks, though investigators from the New Jersey Transit Police are evaluating both. If the train or tracks were damaged, it is possible that additional criminal charges will be filed against the accused. So far, she has been charged with driving under the influence and with careless driving. It wasn't disclosed whether authorities administered any field sobriety tests or breath tests at the scene, but police typically use results from such tests as evidence.
Still, there is a variety of tactics that may be used to combat a DUI charge. If a defendant has no prior offenses, then it could be possible to seek a reduction of charges. If the accused submitted to a breathalyzer test, then the results of the test can sometimes be challenged. For example, a request for the machine's maintenance logs could reveal that it wasn't calibrated properly. And regardless of the circumstances of the arrest, New Jersey residents who have been accused of DUI are entitled to a strong defense.
Source: NorthJersey.com, "NY Woman faces DUI charge after collision with train in Montvale," Jean Rimbach, Aug. 11, 2012