The Tainan District Court has acquitted a woman on criminal charges of drunk driving and fleeing the scene of an accident in Tainan on Dec. 22 last year, although it found her guilty of public safety offenses.
Prosecutors said that they plan to appeal the decision.
The accused is a woman who allegedly drank wine at home in the afternoon before driving to pick up her child in the evening.
Video footage, corroborated by witnesses, showed a car hitting a scooter, knocking a mother and her daughter to the ground. The daughter fractured a clavicle and sustained scratches, while the mother sustained minor injuries.
The car was seen driving for several blocks before hitting another car, in which no serious injuries were reported.
When police officers arrived, they found the driver of the suspect vehicle speaking incoherently.
The woman said that she only had a vague memory of driving the car that day, did not have a clear recollection of what happened, and only remembered stopping at a red traffic light.
She said that she saw police officers with her when she regained consciousness.
The officers did not administer a breath alcohol test, but did take a blood sample, which showed an alcohol concentration of 1.55mg per liter, more than 10 times the legal limit of 0.15mg per liter.
The accused’s lawyer Mai Yu-wei (麥玉煒) said that his client was incapacitated and was not in control of her actions, and thus could not have deliberately attempted to flee the scene of an accident.
Mai presented video footage in court showing that the accused’s brake lights did turn on, indicating that she was not aware enough to press the brake pedal, which would be an automatic reflex for a conscious driver upon hitting an object.
Mai called in an expert from a local university hospital, who said the test result converted to a blood alcohol concentration of 0.311mg would put a person into a semi-conscious or unconscious state, and cause a loss of bodily functions.
“In such a state, a person has reduced awareness and greatly diminished capacity for reaction... Therefore it is entirely possible for the driver to be unaware that her car had hit the scooter and the other car,” he said.
He also said that a person could develop “tunnel vision” under the influence of alcohol, which could have led to the crash, and also said that a drunk driver might not be technically awake due to the effects of the alcohol.
The court ruled that the driver was not in control of her actions and had no intention to flee the scene. The court also considered that the accused was reportedly attempting to settle claims with the victims privately. The accused was found not guilty of committing a criminal offense.
However, the court found her guilty of offenses against public safety and handed her a four-month sentence, which could be commuted to a fine.
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