Solid drugged driving defenses are essential to fending off DUI charges. Kerry Kennedy, ex-wife of Gov. Andrew Cuomo, daughter of Sen. Robert Kennedy and niece of President John Kennedy, realizes this all too well.
Kennedy was arrested last year for drugged driving in suburban New York after careening her Lexus into a tractor-trailer. As part of her defense strategy, she claimed she accidentally took a sleeping pill, reports The Associated Press.
But is that a valid defense?
Defenses That Don't Work
- Over-the-counter and prescription medication. A doctor's prescription is not a defense to drugged driving charges. Driving under the influence of legally prescribed or over-the-counter medications -- such as sleeping pills, antihistamines, antidepressants, and more -- can still result in a drugged driving charge.
- Sleep driving. One of the common side effects of sleeping pills is sleep-walking and performing other actions while unconscious. Unfortunately for Kennedy and the other 60 million Americans who take prescription sleep aids, "sleep driving" isn't a defense to driving under the influence when a defendant voluntarily takes a sleeping pill.
- Small amount. Many states have zero-tolerance policies for driving under the influence of substances other than alcohol -- even prescription medications if they impair your ability to drive. Even in states without zero-tolerance, including New York, drugged-driving laws may still subject you to a field sobriety test via implied consent.
Defenses That May Work
- Invalid reason for traffic stop. This is one of the most common arguments used by defense attorneys in DUI cases, and it involves a claim that the officer lacked reasonable suspicion to make the initial traffic stop.
- Faulty chemical test administration. An arrest may be ruled improper if it was based on an improperly administered field sobriety test or inaccurate chemical test results.
- Involuntary intoxication. When a person has ingested drugs without his or her knowledge, that can function as a defense to a drugged driving charge. If Kennedy truly accidentally mistook her sleeping pill for her thyroid meds, that could do the trick. Just to clarify, voluntary intoxication usually doesn't count.
While there are few defenses that will work, courts can potentially consider mitigating circumstances that could reduce your charge or lessen your sentence. If you woke up to a DUI nightmare after a night with a sleeping pill or other drug, contact a DUI lawyer.
- Tuesday: Kerry Kennedy Returns to North Castle Court (Bedford-Katonah Patch)
- Drugged Driving Crash Causes Explosion in Colo. (FindLaw's Injured)
- Marijuana DUI: 1 Dead, 1 Arrested in WA (FindLaw's Blotter)
- What Is an Affirmative Defense? (FindLaw's Blotter)