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Mistakenly took wrong medication resulting in DUI. Is this involutary intoxication and can case be thrown out?Arrested in CA at age 50, no record whatsoever. I hit an electrical pole and have sporadic recollection of events from accident to arriving at jail. Later I discovered I had mistakenly taken ambien instead of zoloft at 7 am that morning. Medications are identical color and shape, but differ slightly in size. Really shook up. Want to be completely honest with the court. It was my error eve3n though without knowledge...wondering what is likely to happen? Attorney answers (4)
Reputation Level 20
Answered over 2 years ago.
Criminal Defense Attorney in San Francisco, CA.
I don't know if that's really a defense. It's rather like saying I didn't know it was vodka because it looked like water. In any event both ambien and zoloft have side effects that make it dangerous to operate a vehicle so the fact that you accidentally took one rather than the other shouldn't matter. Google "zoloft side effects" if you doubt me: dizziness, fatigue, drowsiness, shakiness and vision changes, among others. I'd try another defense.
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Reputation Level 13
Answered over 2 years ago.
Criminal Defense Attorney in Los Angeles, CA.
I agree in part with the first answer, I don't know if an involuntary intoxication defense really exists, but IF it did, it would most likely be in a situation in which a person was given something without their knowledge and then got into the car, not feeling the effects and then felt them later as they drove.
It is extremely difficult to get a case dismissed, but it sounds like you have factors in your favor that point toward leniency; your age and your lack of criminal record. Did you tell the officers about the accidental switch in the pills? As a rule, it's generally not a good idea to tell the police officers anything. It is admirable that you want to be honest with the court, but speaking to the court and giving your explanation is not advisable. You may have defenses available to you and you should not make any admissions so that you can preserve those defenses. 1 person marked this answer as good
Reputation Level 10
Answered over 2 years ago.
DUI / DWI Attorney in Chico, CA.
what is the charge?if dui vc 23152a you need to call a specialist attorney . go to calif duilawyers org .com or my web site and link to CDLA which lists specialist dui lawyers in every county or of course ask AVVO I donot do duis in eldorado hills I think the Kavinoky law form does. you may have a defense for "mistake of facts" howevere it is illegal to drive "impaired" under the influence of ambien or zoloff prescribed or not . YOU NEED A LAWYER ASAP IN YOUR COUNTY Joe Vandervoort www.duiking.com noe who represents himself has a fool for a client
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Reputation Level 8
Answered over 2 years ago.
DUI / DWI Attorney in Santa Rosa, CA.
I'm going to step out on a limb here and disagree with both of the other attorneys. First, involuntary intoxication is a defense to a dui in California, where, in your case, you can show that your unconsciousness was a result of taking a medication other than what you thought was taken. Now, plenty of people take Zoloft and drive and it is just not of the same class of drug as Ambien.
Saying this, I must say that these cases are very, very expensive to take to trial and any trial is a speculation of wining or losing. Even with an iron clad defense a jury can find you guilty. I've tried these cases to juries before with mixed results - won some and lost some. One, identical to your case where a lady at 6:30 am took an Ambien instead of her blood pressure medication and ended up running into several parked cars. Trials are time consuming and expensive! Perhaps with a good attorney you can convince the District Attorney to dismiss - I've seen this happen as well. 1 person marked this answer as good
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