By: dmc-admin//June 4, 2001//
Randy S. Alby appeals his conviction for operating while intoxicated following a trial before the court. At trial, he conceded that he was driving while intoxicated, but raised the affirmative defense of involuntary intoxication as the means by which he could be relieved of responsibility for his crime. The trial court held that Alby had not met his initial burden of establishing the elements of that defense and found him guilty. Alby appeals that ruling. We affirm. This opinion will not be published.
Dist II, Barry, J., Brown, P.J.
Attorneys:
For Appellant: John M. Carroll, Waterford
For Respondent: Robert S. Flancher, Racine