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The Ambien Defense: Involuntary Intoxication and the Automatism

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Prescription sleep drugs such as Ambien or Zolpidem, which is also called Zolpidem in a generic form, are a very welcome medicine solution by many residents who suffer insomnia. Patients just take medication as prescribed, go to sleep and anticipate that they would wake up the next morning all refreshed. But one of the most dreadful side effects of these strong sedative-hypnotics is well documented and is known as parasomnia which causes complex behaviors such as sleep-driving. Just imagine that you wake up some hours later back in the back of a police car or a detention cell facing the serious criminal charges as a result of a traffic accident that happened on GA-400 and in which you have no recollection of having committed. Since the law in Georgia is rather strict in terms of punishing the act of driving under the influence of any drug, as well as legal drugs, the officers will consider the situation as a typical crime. In cases where charges are pressed against a person due to the actions taken when a person was in a state of utter unconsciousness, having an extremely successful Atlanta DUI Lawyer is the most important in making a case that it was a medical anomaly and not an intent of committing the crime that led to the occurrence.

The legal basis of an average driving under the influence charge is based on the assumption that the driver of the vehicle had a conscious, voluntary decision to use an impairing substance and drive a motor vehicle. In the situation with sleep-driving, this central component of criminal intent, or mens rea, is completely missing. This leads to the legal defense of automatism that is highly connected to the idea of involuntary intoxication. Automatism happens when the body of an individual performs physical activities like locating the keys of a car, switching on an engine, and driving without the conscious brain being awake. According to the Georgia law, an individual cannot normally be convicted of a crime when he/she has been involuntarily intoxicated and can no longer differentiate between right and wrong. When a patient took his medicine as prescribed by his doctor and had no history of adverse reactions previously, which could act as a warning, his subsequent intoxication and subsequent driving can be deemed to be completely involuntary.

Even in the first traffic stop, police officers do not have a medical training that could assist to differentiate a driver who is having a parasomnia episode and the one who is at will using recreational drugs or alcohol. A driver will be seen weaving and will cause an officer to stop and engage with a person who is extremely confused, lethargic, and has a slurred form of speech. These are the traditional signs of being impaired, and this prompts the officer to arrest on account of DUI. After the arrest, the officer will demand a chemical blood test that will reveal the existence of intoxicating substances. Although such positive blood test of Zolpidem may appear as a sure conviction to a prosecutor, a competent Atlanta DUI Attorney may utilize such toxicological data to support the claim of the victim who argued that he was driving under sleep, demonstrating that the certain drug that is known to cause automatism was actually present in the system of the accused during the arrest.

To conduct an Ambien defense successfully, it is necessary to turn a criminal courtroom into a medical review board. Sleepy defendant can not just mention that he/she slept, the court requires strict, written evidence. This entails the creation of detailed medical histories, acquisition of pharmacy dispensing invoices and sworn affirmations of the prescribing physician in order to show a legitimate medical necessity and compliance with dosage. Moreover, the testimony of expert witnesses, one of whom is pharmacologists and sleep medicine experts, is crucial to the defense. Such specialists have to enlighten the judge and the jury concerning the neurological mechanics of the sedative-hypnotics, as to how a drug that is intended to paralyze the conscious cognizance of the brain can be left to activate the motor centers, resulting in extremely complex, but totally unconscious, physical responses.

Finally, the state of Georgia is just as vigorous in prosecuting prescription drugs offenses as it is in cases that involve alcohol. A conviction is devastating as it is associated with a jail term, huge fines, loss of a license, and a permanent criminal record that can destroy careers. The sleep-driving defense can often be viewed as a form of defense that is greatly doubted by the prosecutors, as it is an easy way to escape the charges. Thus, those who are trapped between this terrifying medical phenomenon cannot count on the court sympathy. They have to prepare a thoroughly ready, scientifically supported defense in court to demonstrate their innocence and save their future because of the disastrous consequences of an unconscious error.

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