DUI suspect pleads innocent

SANDPOINT - A Sagle woman who was nearly hit by an oncoming locomotive after allegedly falling asleep in her car is pleading not guilty to drunken driving.

Erin Ellis Wert's trial on a misdemeanor charge of driving under the influence is set for Nov. 20 in the magistrate division of 1st District Court. Sandpoint attorney Bryce Powell entered a written not guilty plea on Wert's behalf earlier this month.

The incident happened at an at-grade railroad crossing on Bottle Bay Road in the early morning hours of Aug. 30. Wert's Subaru Impreza was straddling the tracks and was seconds away from being hit by an oncoming train, according to a witness account and a Bonner County Sheriff's deputy's report.

A passerby, Vicky Groeper, said she discovered Wert's hatchback on the tracks but could not rouse the woman. Deputy Aaron Flynn arrived at the scene and used his patrol vehicle to push the car off the tracks.

Groeper described Flynn's actions as heroic.

Flynn said in his report that the Subaru just made it under the descending crossing arms. After pushing the car out of the way, Flynn backed up and around the crossing arms with only seconds to spare.

"The train passed through the intersection approximately 2 to 3 seconds after I cleared the tracks," Flynn wrote in his report.

Wert, 31, failed field sobriety tests and her breath-alcohol content was measured at 0.19, more than twice the legal limit to drive, Flynn's report said.

Wert was convicted of drunken driving in 2007, according to court records.