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-Lurid Crime Tales-
Man says sleep aid made him drive drunk
2011-11-11
A Shorewood man wants a Will County judge to clear him of a drunken driving charge because he said he became “involuntarily intoxicated” after taking a prescription dose of the sleep aid Ambien last year.

Thomas A. Gatz, 43, was found wearing only his underwear July 27, 2010, after he drove his car eastbound in the westbound lanes of West Jefferson Street in Joliet and caused a crash that shattered an 18-year-old womanÂ’s arm, court records said.

His attorney is pointing to a doctorÂ’s expert testimony that Ambien can cause sleep-walking, eating and driving.

That doctor, Haidari Shikari, also testified Gatz could have involuntarily consumed alcohol and gotten behind the wheel of his car after taking his Ambien that night.

But prosecutors said “involuntary intoxication” simply isn’t a defense for aggravated DUI. They want Will County Judge Amy Bertani-Tomczak to find Gatz guilty after a bench trial last month. The judge might render her verdict Nov. 16.

“Mr. Gatz knew what he was doing when he took that drug,” Assistant State’s Attorney Anna Rossi said.

Peter Petrakis, GatzÂ’s attorney, said in court records his client is a paramedic with the Rosemont Fire Department and has previously worked as a paramedic and firefighter for River Forest.

Petrakis said Gatz had been using Ambien under a doctorÂ’s prescription for about a year when he took two pills the night of the crash. He didnÂ’t drink alcohol, Petrakis said, and went to bed. The next thing Gatz remembered was waking up in a hospital.

ThatÂ’s where Gatz learned he drove his 2010 gray Honda Civic into a Pontiac driven by Gail Darm and a Toyota driven by Lauren Eklund in the 3000 block of West Jefferson, prosecutors said.

EklundÂ’s passenger, Valerie DeCamp, suffered multiple fractures in her arm and needed surgery, according to court records.

Gatz also learned he had been wearing only his underwear and that alcohol was found in his blood. His blood alcohol content was between 0.103 and 0.107 percent, according to court records. In Illinois, the legal limit is 0.08 percent. He also had broken ribs, a collapsed lung and a concussion.

Gatz has had trouble with Ambien before. Shorewood police ticketed him for driving under its influence in April 2010. That time, Petrakis said, Gatz intentionally got into his car, fully dressed, and drove into two light poles when the Ambien kicked in. That case was dismissed at trial.

Rossi said Gatz should have known the dangers of Ambien because of that first experience. But Petrakis said Gatz had no idea the drug could cause him to drink alcohol in his sleep, get into his car in his underwear and drive.

And though he said Gatz didnÂ’t drink before going to bed the night of the second crash, Petrakis said Gatz kept a bottle of Vodka in a refrigerator door about five feet from the cabinet where he stored his car keys.

Gatz is no longer using Ambien, Petrakis said, and wonÂ’t take it again.
Posted by:Korora

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