Kerry Kennedy was arrested during the summer of 2012 when she was seen swerving at 70 miles per hour and then sideswiped a tractor-trailer. Another driver and then a police officer later found her inside her car, stalled in a left-turn lane, slumped over the steering wheel.
How Does Someone “Accidentally” Drive Under the Influence?
Toxicology tests showed she had trace amounts of Zolpidem, a generic form of Ambien, in her system, which she claims she mistook for her thyroid medication that morning. One effect of Zolpidem is making motorists unaware of driving erratically. Kennedy also claims she did not feel impaired at all before getting behind the wheel, however she remembers nothing after leaving her house an getting on Interstate-684.
Kennedy had been taking Zolpidem periodically when she traveled across time zones as president of the Robert F. Kennedy Center for Justice and Human Rights. Her lawyers showed photographs in court of the two pill containers, which were identical, and the pills were also quite similar. On Friday, a jury found Kennedy not guilty of drugged driving. Kerry would have faced up to a year in jail if convicted.
How Kerry Kennedy Won
“I think that I won this case for three basic reasons. Number one, I was innocent. Number two, I had competent counsel. And number three, I was willing to bring it to trial,” Kerry told Matt Lauer.
Cases like this can be quite winnable, whether you are a Kennedy or not — especially in cases of complete “sleep driving.” When someone is on Ambien and “sleep drives” without remembering getting in the car in the first place, this can be used in your defense, showing a lack of intent to drive. Of course, you should speak to a good DUI lawyer who has experience dealing with this defense.
Many do not agree with the outcome of the Kerry Kennedy trial. Kennedy could have killed someone, and families of drunk-driving victims have lashed out at Kennedy’s criticism of Westchester county’s going after “every single” DUI. Accident or not, getting behind the wheel while under the influence is extremely serious; always take precautions to avoid doing so.
