Commonwealth v. Smith

831 A.2d 636 (2003)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Officer Ott observed D driving a Ford truck. Ott observed D's vehicle drift completely into the oncoming lane and proceed to travel in the lane for oncoming traffic for one tenth of a mile until he activated his emergency lights. D then pulled her vehicle to the side of the road, leaving a large portion of the vehicle protruding into the roadway. Ott observed that D's eyes were glassy and bloodshot, and she emanated a strong odor of alcohol. When asked to exit her vehicle, D stumbled and staggered numerous times. D admitted to consuming beer earlier in the evening. Ott administered three field sobriety tests, and D failed them all. D was placed under arrest for DUI and transported to the hospital for a blood alcohol test, which she refused. At trial, D testified that she consumed alcohol while wearing a prescribed 'duragesic' patch for pain. She testified that she did not realize that the patch would heighten the effects of alcohol. D admitted that she did not read the directions or warnings for the patch. D offered no expert testimony. D was found guilty. D appealed. D claims she raised the defense of involuntary intoxication.