Friday, July 4, 2008

DUI California - medication / involuntary intoxication defense

DUI California lawyers report a new case: People v. Holloway (Cal.App. 5 Dist.)

Whether defendant knew or had reason to anticipate that medication could cause intoxicating effects was a question for the jury.

The court held that the issue of whether a defendant knew or had reason to anticipate that his use of prescription medication could cause intoxicating effects was for the jury in a consolidated action arising out of two motor vehicle accidents.

Although he relied on the defense of involuntary intoxication, the defendant conceded he knew the medications could cause drowsiness and could impair his ability to drive.

However, it was still for a jury to decide the factual questions of what defendant knew and what he had reason to anticipate under the circumstances, and to determine whether defendant's knowledge that drowsiness could occur was enough to conclude he had reason to anticipate the more extreme adverse effects he suffered.

sandiegoduilawyer.com/blog