Paradoski v. State

477 S.W.3d 342 (2015)

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Paradoski v. State

Texas Court of Appeals
477 S.W.3d 342 (2015)

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Facts

Cathy Paradoski (defendant) was visibly and admittedly impaired, both mentally and physically, when she crashed her car into another vehicle. Police took Paradoski to a local hospital, where she consented to a blood test. The test showed high blood concentrations of drugs that Paradoski's physician had prescribed. The State of Texas (plaintiff) charged Paradoski with the misdemeanor offense of driving while intoxicated. At trial, both parties introduced expert witnesses who agreed that the drugs had side effects that could have impaired Paradoski's driving. Pharmacy records showed that Paradoski was inconsistent in filling her prescriptions for the drugs. Inconsistent ingestion of the drugs could have prevented Paradoski from developing levels of tolerance that would have deterred the drugs' harmful side effects. Paradoski testified that her impairment was caused by a stroke, but the attending nurse testified that Paradoski showed no indicators of a stroke when she arrived at the hospital, and that Paradoski's symptoms were consistent with an adverse drug reaction. Paradoski's expert witness testified that, even if Paradoski had suffered a stroke, the stroke would not have negated the side effects of the drugs in her system. The jury convicted Paradoski and she appealed to the Texas Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Frost, C.J.)

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