OUI

Commonwealth v. Darch

54 Mass.App.Ct. 713 (2002)

Defendant entitled to a jury instruction on the issue of criminal responsibility where the defendant presented expert testimony that the defendant's intoxication was involuntary due to the ingestion of prescription drugs.

The defendant was taking four prescription medications on the night she was arrested for OUI. She admitted to also having a couple of drinks, although a BAC reading of .14 more than 8 hours after her arrest suggests otherwise. The neuropsychiatrist who treated her after her arrest testified for the defense as to the effect of combining all four medications with alcohol, stating the combination "caused her to become psychotic and unable to control her behavior in a rational way" and that her decision to drive "was influenced by delusions." The defense claimed that the defendant was "involuntarily intoxicated" and thus lacked criminal responsibility at the time of the incident. The defense attorney failed, however, to request an instruction on criminal responsibility. On appeal, the defendant claims such a failure rises to the level of ineffective assistant of counsel.

The Court did not decide the ultimate issue but rather sent the case back to the trial court for a hearing to determine whether defense counsel's actions were part of a broader trial strategy. The Court did, however, find that the in the absence of contradicting evidence the doctor's testimony was sufficient to create a potential defense of lack of criminal responsibility thereby entitling the defendant to the appropriate jury instruction.

Practice tip: The ruling in this case may inspire defense counsel to seek an instruction on criminal responsibility without putting forth much evidence in OUI cases where the defendant was simultaneously taking medication. To protect against unfair surprise, make certain defense counsel follows all notice requirements of M.R.C.P. Rule 14. Also, be prepared to offer evidence to counter the defendant's claims, as the Court in Darch points out that the defense evidence was uncontradicted.

Contact your MA OUI Lawyer to learn more about how these OUI Case decisions affect you.

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