Amy has severe allergies, especially during the spring time when trees begin to flower and bloom. Amy’s symptoms include headache, sinus pressure and a cough. On a day that her symptoms are severe, Amy realize she is out of her allergy medication. She drives to the local convenience store and purchases some allergy medicine. She immediately takes four (4) tablets and then drives home. The dosage instructions listed on the box state, “Dosage may cause dizziness or lightheadedness. Do not operate a motor vehicle or machinery when taking this substance.”
On the way home, Amy runs a stop sign and crashes into a school bus full of children. None of the children are injured. Amy receives a cut above her head, but no serious injuries. Officer Dean Olson responds to the crash. As he is talking to Amy, he realizes she seems dazed and confused. She is having difficulty understanding his questions and providing information about her actions before the crash. Officer Olson asks Amy if she has been drinking. She says no. She tells him she took four (4) sinus tablets shortly before the crash. Officer Olson asks Amy to perform several sobriety tests, which she fails. Officer Olson arrests Amy for driving while intoxicated and/or impaired.
Next, research your state laws regarding driving while intoxicated/impaired.
For your first post, discuss the following information based on the wording of your state statute:
- Has Amy met the elements of the crime of driving while intoxicated/impaired under your state law?
- What is the level of intent associated with your state’s law regarding driving while intoxicated/impaired?
- What does the prosecutor have to prove regarding Amy’s conduct and the elements of the crime?
- Are there any defenses Amy might raise in response to the criminal charges? If so, what is the likelihood that Amy will be successful in raising defenses?