Two defendants charged with driving under the influence were recently acquitted in Mendocino County Superior Court, the Mendocino County District Attorney’s Office reported.
According to the office of DA David Eyster, on Feb. 26, a jury “returned from its deliberations Wednesday afternoon to announce it had acquitted Garrett Ian Moore Zachary, age 31, of Willits, (who) had been charged with misdemeanor driving a motor vehicle under the influence of alcohol and driving a motor vehicle with a blood alcohol .08 or greater.”
Eyster notes that “the law enforcement agencies involved in the October 2024 investigation were the Willits Police Department and the California Department of Justice crime laboratory.”
Also on Feb 26, Eyster reports that another jury “returned from its deliberations Wednesday afternoon to announce it had acquitted Lydia Myriha-Elvira Robbins, age 35, of Humboldt County, (who) had been charged with misdemeanor driving a motor vehicle under the influence of alcohol and driving a motor vehicle with a blood alcohol .08 or greater.”
Eyster notes that “Robbins was also charged with having suffered two prior DUI convictions in the Humboldt County Superior Court – one in September 2014 and one in December 2019,” and that she reportedly “admitted to driving the motor vehicle and having an excessive blood alcohol, but asserted the defense of necessity (“I had no choice but to drive the vehicle.”)
Eyster explains that in order for the necessity defense to apply, a defendant must produce evidence showing by a preponderance of the evidence all of the following:
The defendant acted to prevent injury to themselves or someone else; The defendant had no reasonable alternative; The defendant did not create greater danger than the danger avoided; The defendant actually believed the illegal conduct was necessary to prevent the threatened harm or evil; and a reasonable person would have also believed the illegal conduct was necessary under the same circumstances.Eyster notes that “the law enforcement agencies involved in the June 2024 investigation were the California Highway Patrol and the California Department of Justice crime laboratory.”
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