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Sleep driving defense saves defendant.

Hard work, exhaustive investigation, and an unyielding belief in the client's innocence combined to enable a Massachusetts lawyer to save his client’s freedom.  This case further highlights the significance of the defense attorneys role in our justice system.

A thirty Six year old attorney went to sleep hoping to get a good nights rest, but he woke up in a nightmare.  The next thing he remembered, he was being placed under arrest by the police and told that he had just killed a man with his car.  Prior to going to sleep, Ki Young O had taken a prescribed dose of Ambien for his clinically diagnosed insomnia.  He came to his lawyer describing his situation and professing his innocence.  How many of you would have believed his story?  What sort of a defense would you have tried to develop?  Was this a case for an early plea?

Not for the Mr. O’s attorney.  He went to work for his client and soon discovered his defense.  How many of you would laugh at the defense of “sleep driving”?  After consulting with experts and researching the side effects of Ambien, he discovered that the FDA has recently added "Sleep Driving" and “Sleep Eating” to the list of possible side affects of Ambien.  With the FDA’s seal of approval on his defense, the attorney was able to combine Mr. O’s testimony with that expert witness, Dr. John Winkelman.  The judge found Mr. O not guilty of vehicular homicide.  A link to a recognized news source that reported the case can be found here:
http://www1.whdh.com/news/articles/local/BO68004/

 

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