Case Conclusion Date: 03.12.2013
Practice Area: DUI & DWI
Outcome: Not guilty verdict
Description: Client consumed ambien, went to sleep to get ready for a night shift at work, and woke up having crashed into two parked cars in a location which made no sense for her to be. I argued that while the State may have met its burden of proving that she had drove a motor vehicle while under the influence of an intoxicant, it would not be fair to label her behavior as OWI because she never intended to drive and never made a conscious decision to drive. The prosecutor argued back that if we allowed this defendant to escape liability, we would be inviting other defendants to claim they were too intoxicated to form the intent to drive. The judge, recognizing these were very unusual facts, ruled that she was not guilty in the interests of justice.