Acquittal in DWI Sleep Driving Ambien Case – State v. Connelly
As a result of a municipal appeal, the Law Division has acquitted a defendant who claimed that her operation of a motor vehicle while intoxicated occurred as a result of so-called “sleep driving” from taking the drug Ambien. Despite a blood alcohol level of ..10%, the defendant was able to successfully argue that she was the victim of common-law pathological intoxication as a result of the unforeseen impact of the Ambien she had consumed before going to bed.
The Law Division’s decision in this case, under the caption State v. Connelly has not been approved for publication. Accordingly, its use is extremely limited and must be exercised within the limitations set forth by Rule 1:36-3.
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