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Unintentional Intoxication Defense – Thomas’ Story

Posted by Fred Koberlein, Jr. | Apr 04, 2016 | 0 Comments

Cop lights

At his college in Florida, Thomas was a respected baseball player, well-known for his ability to strike out nearly any batter that stood before him. The night before an important game against the school's biggest rival, Thomas and a few of his teammates went to a couple of parties in the neighborhood.

Because the game was the next day, the three friends made a pact to not drink that night, in order to keep their minds clear. Around eleven in the evening, Thomas' two teammates decided to call it a night. Before heading home, Thomas went to one last party by himself.

He walked into the foyer of the house where a number of his classmates lived together. The bass of the music was so loud that the glass fixtures in the house were vibrating. There was such a thick haze in the air that Thomas' eyes started to water.

A group of girls from Thomas' science class were playing a drinking game in the corner, and a giant keg of beer sat right in the middle of the kitchen. Stepping around the keg and ignoring offers for a beverage, Thomas grabbed a closed soda can from the cooler on the counter. He shook the cold, excess water off the can and popped the tab open.

The familiar taste of his favorite soda quenched his thirst, and Thomas made his way outside. The smell of cigarettes was already starting to give him a headache, and he knew that he wouldn't be sticking around much longer. There was a bonfire near the back of the yard, and Thomas recognized more of his classmates.

Taking a seat on one of the empty benches, he placed his soda on the ground because the can was making his hands cold. One of the partygoers came up from behind Thomas to shake his hand and wish him luck at the game tomorrow. Thomas smiled and leaned back over to get his soda, which still tasted like regular cola to him.

Wanting to get back to his apartment before it was too late in the evening, Thomas downed the rest of the soda and got up to walk to his car. He felt a little woozy, but he decided it was just from the cigarette-stench induced headache paired with anxiety over tomorrow's game. It wasn't until he was halfway home that he realized it wasn't just nerves.

Thomas felt like he had no control over his car, and he tried to pull off the road safely, but he ran into a parked car instead. The owner of the car came out of their house almost immediately and called the police. It wasn't long before the police were slapping handcuffs around Thomas' wrists, claiming that he was being charged with driving under the influence.

After speaking to an attorney, Thomas explained that his drink had been spiked at the party while his back was turned. He was unintentionally intoxicated when he crashed his car, and his attorney helped him build an intoxication defense to prove his honest innocence.

On Intoxication Defense

Involuntary intoxication has been recognized as a defense to negate intent to commit a criminal act. Though Thomas is a fictional character, scenarios exactly like this one happen all too often. If you have found yourself in a similar situation and were charged with a DUIor other criminal charge, we suggest that you speak with a professional attorney immediately.

At Koberlein Law Offices, we represent those living in the Gainesville, Lake City, Live Oak, and surrounding areas of Florida. Contact us today if you have been accused of a crime when you were unintentionally intoxicated, and we can help you with your intoxication defense.

About the Author

Fred Koberlein, Jr.

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.

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