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Operating a vehicle while drinking could cause judicial actions.


3/7/2005 - Posted by:
Stone, Taylor & Associates, P.A.
Phone: 904-396-3335
Alt. Phone: 904-399-3596
Fax: 904-399-4540
Mobile: 904-536-9309
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Sleep Apnea

The client was arrested when he was found stopped at a stop light asleep behind the wheel with the engine on and the car in gear. It was 11:30 pm. The officer awoke him and had him do field sobriety tests. The client tried to explain that he had a sleep disorder which was thought to be narcolepsy which causes people to fall asleep at any time. We sent him to a sleep disorder clinic and they ruled out narcolepsy but determined that he had sleep apnea which is more associated with breathing but disrupts sleep enough to cause the person to be tired. At trial the jury agreed that even though the officer testified about an odor of alcohol, bloodshot watery eyes, unsteadiness, and an overall poor performance on the roadside test the sleep apnea was enough of a reasonable doubt to aquit. The client was found not guilty and later used the diagnosis from the sleep clinic to help with his sleep problem. 

 
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