NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL| ATTEMPTED ACQUISITION of PRESCRIPTION DRUGS – State v. Ms. W (DMC No. 9176) (San Tan Justice Court JC2009-105189): Ms. W had taken medications for seizures. Medications included Tramadol, Alprazolam, Ambien, in addition to her anti-seizure medication. She had taken Ambien and had then gone to the pharmacy in order to refill her prescription. The pharmacist described her as acting like a “zombie”. When the Police were called out, they found that she was attempting to fill her prescriptions too early. They then cited her with Attempted Acquisition of Prescription Drugs Per Arizona Revised Statute ARS 13-3406(A)(6).
We set the case to Bench Trial, and presented evidence of numerous witnesses that it appeared that Ms. W was in fact sleep walking while under the influence of Ambien. One of the witnesses was a Registered Nurse who also was employed at one of the local hospitals. After all evidence was presented to the Judge, he found her Not Guilty of All Charges.