RETIRED MONTEREY COUNTY DEPUTY SHERIFF ACQUITTED IN COURT TRIAL OF BIZARRE FELONY DUI CHARGE

By Christopher W. Miller, Esq.

Former Monterey County Deputy Sheriff Stephen Sapiro was acquitted late last year of felony driving under the influence charges brought against him in 2003 after medications prescribed by a county physician rendered the deputy unconscious behind the wheel. Sapiro crashed his truck into another vehicle when he unexpectedly blacked out while driving home from the Laguna Seca Range.

In late 2003, Deputy Sapiro was ordered by Monterey County to a fitness for duty evaluation because a neurologic movement disorder called benign essential tremors was interfering with his ability to qualify with his duty weapon. The evaluating physician referred Mr. Sapiro to a Salinas neurologist, Wayne Shen, M.D., for treatment to assist him with qualifying.

Dr. Shen prescribed a "cocktail" of sedatives to mitigate the tremors while Mr. Sapiro was attempting to qualify. He instructed the deputy to take the medications in various dosages at or around the time of the qualification. He did not advise Mr. Sapiro he was prescribing the highest available dosage of one of the medications, a generic for Xanax, nor did he advise the deputy he should not drive a car once he had taken the "cocktail."

On November 18, 2003, Sapiro was scheduled to attempt firearms qualification at the Laguna Seca Rifle & Pistol Range in Salinas. He took the medications as directed but failed to qualify and left the range. Two hours later, with Sapiro collapsed into unconsciousness behind the wheel, his truck crashed into another vehicle near Marina, severely injuring the driver and her passengers.District Attorney Charges Sapiro with Felony Driving Under the Influence

The controversial case began when Deputy Sapiro was charged by the Monterey County District Attorney with two counts of causing injury while driving under the influence of prescription drugs. (Pen. Code §§ 23153(a), (b).) His union, Operating Engineers Local Union No. 3 (Public Employees Division), asked Mastagni, Holstedt, Amick, Miller, Johnsen & Uhrhammer to defend Sapiro.

The prosecution's theory was that Sapiro got behind the wheel knowing the drugs prescribed by Dr. Shen could impair his driving. Prosecutors later amended the charges to include allegations Sapiro had violated other Vehicle Code sections as the accident was occurring.

Sapiro also faced a lawsuit from the other driver, who was uninsured; an attempt by the other driver's attorney to have the criminal court award her thousands of dollars in restitution; and an effort by Monterey County to fire him over his failure to qualify with a firearm.

Court Admits "Involuntary Intoxication" Defense

One of the critical issues in the case became whether Sapiro knew, or reasonably should have known, the medications could cause him to lose control while driving. The "involuntary intoxication" defense requires the driver to show he was unaware a medication or other ingested substance would affect his driving. “Several courts have declared that [involuntary] intoxication constitutes a valid defense to criminal liability if the prescribed drug is taken pursuant to medical advice and without the defendant’s knowledge of its potentially intoxicating effects." (People v. Chaffey (1994) 25 Cal.App.4th 852, 856.)

In a DUI case involving prescription drugs, the involuntary intoxication defense is successful only where the driver can show he took medication as prescribed and was unaware of its potential effects. At a hearing last April to determine whether the court would allow me to raise the involuntary intoxication defense, I was able to use expert testimony and evidence from the dispensing pharmacy to show Sapiro had not been properly warned about the effects of the medication.

Clarke Espy, M.D., a neurologist retained by Sapiro's insurance defense attorneys, testified the sedative "cocktail" should not have been prescribed. His testimony established (1) the combination of drugs could have the effect of causing "twice as much drowsiness" as any of the medications alone; (2) the time of the accident coincided with the time at which the medications would have reached peak blood levels; and (3) Mr. Sapiro suffered from a "sudden sleep attack" brought on by the medications and was unconscious at the time of the accident.

The prescribing physician, Dr. Shen, took the stand for the prosecution. His testimony, however, did little to assist prosecutors and instead supported the defense. Shen testified on cross-examination that he did not advise Sapiro he should not operate a motor vehicle after taking the medications. He also did not advise him the combination of medications could cause him to lose consciousness behind the wheel. Indeed, Dr. Shen admitted Sapiro's loss of consciousness while driving "was a very dramatic surprise."

I was also able to show there were no indications on the pill bottles or the accompanying circulars Sapiro received from Long's Drugs cautioning him against driving a motor vehicle. The bottles and circular also did not advise him the medications could cause unconsciousness while driving. In an interesting aside, the current circulars issued nationwide by Long's Drugs now contain both warnings, apparently in response to Sapiro's case.

Court Finds Sapiro Not Guilty

Once the court admitted our involuntary intoxication defense, I took the unusual step of requesting a "shortened court trial with stipulated evidence," a procedure that is useful when the facts in a case are undisputed but there is a substantial legal issue that will decide the case. Prosecutors sometimes agree to the procedure when their case is weak but they cannot, or will not, dismiss it for political reasons.

We also waived jury trial and proceeded to a court trial to avoid the potential for a verdict based on community sentiment instead of the law. The local newspaper had excoriated Sapiro in an editorial, and the case had remained in the public eye in the print and television media. The severe injuries to the other driver, and the injuries to the small children who were her passengers, had the potential to sway a jury despite the evidence, a possibility we wished to avoid.

The parties stipulated to a set of exhibits and submitted closing briefs to the court. On Sapiro's behalf, I argued the responsibility for advising Sapiro about the possible combined effects of the drugs rested with the prescribing physician, not with Sapiro. Dr. Shen had testified the medications were for the express purpose of assisting Sapiro with shooting a loaded gun, arguably a far more dangerous activity than driving. He did not warn Sapiro the combination of drugs could cause him to lose consciousness; indeed, he testified he never anticipated that effect. The prosecution's claim Sapiro took the three medications "knowing full well that they could cause numerous side effects which could impair his driving ability" was ludicrous since even Dr. Shen, presumably far more educated and experienced about medicine than Sapiro, did not anticipate the effect of the combined medications.

On November 17, 2005, nearly two years to the day after the accident, Stephen Sapiro was acquitted by the court of felony driving under the influence charges. Sapiro had since retired from the Monterey County Sheriff's Office, but the reputation and respect he had earned from his peers for his many years of service were preserved.

Partner Christopher W. Miller, a former prosecutor, represented Stephen Sapiro on behalf of Operating Engineers Local Union No. 3 (Public Safety Division).