New Jersey state police who responded to an accident report in Liberty Township announced that the driver who caused the collision was allegedly drunk at the time. The 54-year-old man was charged and arrested as a result of the police investigation.
The accident reportedly occurred on Nov. 2 on Mountain Lake Road. The alleged drunk driver was reportedly driving a Mercury behind a Kia when the Kia slowed in order to make a left turn. When the vehicle slowed, the man attempted to pass it in the oncoming lane after crossing over the solid yellow centerline in an apparent no-passing zone. As he attempted to pass, the Kia began its turn. The two vehicles then collided.
A 59-year-old female passenger in the Kia allegedly suffered a head injury in the crash. There is no information regarding her condition. Responding police placed the Mercury driver under arrest as they allege he was intoxicated. The results of an blood alcohol tests were not available as of Nov. 3. After being taken into custody, the man was released from custody following his first court appearance.
People that are accused of criminal offenses such as a DWI have a right to defend themselves against the charges. Many times, it is possible to negotiate a lesser plea or the dismissal of some charges through negotiating with the prosecuting attorney assigned to the case. In some cases, there may be potential defenses available to the charges. Even if a person has committed an offense, the prosecutor still has the burden to prove the elements of the charged offense beyond a reasonable doubt before the defendant can be convicted at trial. In some cases, evidence may be weak and the prosecutor may be unable to meet his or her burden of proof. A criminal defense attorney may review a case and provide advice regarding a defense strategy.
Source: lehighvalleylive.com, "Man charged with DWI, assault by auto after two-vehicle accident in Liberty Township", Matthew Bultman, November 03, 2014