DENVER (KDVR) — A woman accused of flashing a gun at another driver while traveling in Weld County has requested the felony menacing charge she’s facing be dropped.

Yareni Rios-Gonzalez was accused by the other driver on Sept. 16 last year. The request to dismiss the charge filed by Rios-Gonzalez’s attorney, Chris Ponce, said the other driver claimed she was tailgating him. He called 911 and the document said he “break [sic] checked her a little bit.”

The description of the truck she was driving was relayed to the Platteville Police Department. Officers located the truck and took Rios-Gonzalez into custody at County Road 36, just east of U.S. 85 in Weld County.

She was detained in the back of a police car on railroad tracks when a train struck the car.

She suffered nine broken ribs, a broken arm and a fractured sternum, among other injuries, and spent more than a week in the hospital.

Rios-Gonzalez has filed a lawsuit against all officers and the cities involved in the incident.

The motion to dismiss the felony menacing charge is based on an alleged violation of Rios-Gonzalez’s due process rights. The document claims Rios-Gonzalez suffered injuries in the crash causing her to lose her memory and be unable to provide information on the actions before the crash.

“Ms. Rios’s due process rights were irreparably violated during the investigation of this case, and she suffered and continues to suffer. The prosecution of this case even after these unheard-of abuses continues to violate her due process rights,” the request said.