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Criminal Law Keyed to Kennedy
Commonwealth of Pennsylvania v. Karen Smith
Citation:
831 A.2d 636 (2003)Facts
On March 29, 2002, an officer observed the defendant’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 the officer activated his emergency lights. Defendant then pulled her vehicle to the side of the road, leaving a large portion of the vehicle protruding into the roadway, even though there was sufficient space to park the vehicle totally off of the roadway. Upon making contact with the her, the officer observed that her eyes were glassy and bloodshot and she emanated a strong odor of alcohol. When asked to exit her vehicle, she stumbled and staggered numerous times. She admitted to consuming beer earlier in the evening. She was arrested and refused a blood alcohol test.
On September 24, 2002, a trial was held. On direct examination, the defendant 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. She admitted that she did not read the directions or warnings for the patch. Moreover, she offered no expert testimony to support her allegation that the patch heightened the effects of the alcohol she consumed. She was found guilty.
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Topic Resources
Topic Outline
DefensesTopic Refresher Course
Introduction to Defenses and Self Defense