Her condition causes her to not be aware of her condition. Your Honor. #IshouldabeenalawyerWow, that's crazy. Now that it's known she has the condition and it can (I think) be controlled, she should no longer get a free drunk driving pass.
Her condition causes her to not be aware of her condition.
Wow, that's crazy. Now that it's known she has the condition and it can (I think) be controlled, she should no longer get a free drunk driving pass.
I believe the aricle stated that she was able to use that defense because she was unaware of the condition. Now that it is known, it is her responsibility to keep it medically under control (assuming that can be done).Her condition causes her to not be aware of her condition.
I believe the aricle stated that she was able to use that defense because she was unaware of the condition. Now that it is known, it is her responsibility to keep it medically under control (assuming that can be done).
This is of interest to me because I'm sure some clients will try to claim this now. Also, I often tell clients that, while they are not to blame for having the disease of addiction, they are responsible for treating that disease and keeping it in control.That's what I was trying to say Gary, and as usual I wasn't quite clear about it. I blame the auto-brewery syndrome.
A brief foray into the medical literature this morning suggests this is incredibly rare and is really only seen in people who have an alcohol dehydrogenase polymorphism preventing alcohol metabolism...and raging C.albicans levels due to some type of significant immunosuppression...and a diet of massive amounts of sugar. She mentioned having less than 3 drinks prior to the event, but presumably some alcohol, which sort of suggests she doesn't have the dehydrogenase mutation. It also isn't like you are fine, then suddenly hammered, as the alcohol takes some time to build up in your system. FWIW, the condition is readily treatable with anti fungal drugs, so this seems to be a one time excuse. I suspect some shenanigans afoot among the lawyer, client, and doctor, but the information provided makes it impossible to really mount any sort of real objection, and one is left taking the defense team and witnesses on their expert word. A bit coincidental that this diagnosis came up after her arrest for DWI, but had never happened to her before, like, at home.