As New Jersey drunken driving attorneys we work to assist drivers who have been accused of DWI and drug DUI in Monmouth, Ocean, Passaic and other counties throughout the Garden State. Yet, even though we will fight for an individual's right to defend themselves against a charge of drunk driving, we would also be the first to argue that deliberately getting behind the wheel when one knows he or she has had too much to drink is the best course of action.
There are so many potential scenarios surrounding possible DWI and DUI arrests that no one situation is ever quite the same as another. That said, it is important to note that being impaired by alcohol can reduce one's ability to operate a vehicle properly, maintain a lane, or even remember to signal when executing a turn. The fact is, New Jersey state police and local municipal officers have a keen eye for motorists who may be exhibiting "typical" signs of impaired driving. Regardless of one's level of intoxication, being stopped by a patrolman for a routine traffic infraction could lead to a DWI summons, a drunken driving arrest, or both.
It is also important to point out that while I and my staff of experienced DWI defense lawyers are trained in the law, we also know how easily it is to be injured or killed as a result of driving while impaired by alcohol or prescription drugs. While nobody welcomes a drunken driving arrest, the events leading up to that event could result in a driver being taken off the road who might otherwise have hurt themselves. In this respect, one can appreciate the action without accepting the consequences. Still, a defendant has the right to be heard, which is the least we can expect under the law.
One news story that caught our attention involved an out-of-state motorist who had allegedly been drinking before getting into her vehicle and driving through Bergen County. According to reports, the 41-year-old New York resident was driving her vehicle near the Montvale Train Station when the car became stuck on the railroad tracks as a commuter train approached. Based on police information, the woman's Chrysler PT Cruiser apparently stalled on the tracks a little after 3pm on a Saturday afternoon.
Unfortunately for the driver, a NJ Transit train could not stop in time to avoid striking the vehicle and would have smashed into the car with the woman still inside had it not been for the quick thinking of nearby Montvale resident. Luckily for the driver, the Good Samaritan was able rush to the vehicle and get the driver out of the vehicle before the train hit the car, possibly saving the driver from becoming a fatality. According to news articles, the train's conductor saw the vehicle stuck on the track and activated the brakes, but there train's momentum was such that an impact was unavoidable.
The helpful bystander, who reportedly is attached to an ambulance company, was able to rescue the woman, though police later said that the woman apparently resisted her rescuer as he tried to drag her from the car. Fortunately, both individuals were able to get away from the vehicle, which was struck by the train on the driver's side. News reports indicated that the vehicle was destroyed in the collision with the commuter train.
Woman charged with DUI after lodging car on train tracks in Montvale, NorthJersey.com, August 16, 2012