60-Year-Old Ukiah Man Found Not Guilty of DUI Because…He Had to Do It
Press release from the Mendocino County District Attorney’s Office:
A Mendocino County Superior Court jury returned from its deliberations Friday to announce it had found the trial defendant not guilty as charged.
Thomas Patrick Houston, age 60, of Ukiah, was found not guilty of driving a motor vehicle under the influence of alcohol and not guilty of driving a motor vehicle with a blood alcohol .08 or greater.Interestingly, the defense in the case was that Mr. Houston’s driving was an act of necessity, thus justified under the law.
Testimony was presented that Mr. Houston had been caught in flagrante delicto by his wife and his driving was necessary to allow him to escape two angry women.
While the prosecution argued the law of necessity is not intended and has never been applied to such a factual situation, the trial judge nevertheless allowed the jury to consider the necessity defense as possibly justifying the under-the-influence driving.
When a necessity defense is allowed by a trial judge, a defendant must prove that:
1. He acted in an emergency to prevent a significant bodily harm or evil to himself or someone else;
2. He had no adequate legal alternative;
3. The defendant’s driving under the influence and.or with a blood alcohol of .11/.11 did not create a greater danger than the one avoided;
4. When the defendant acted, he actually believed that the act of driving under the influence and/or with a blood alcohol of .11/.11 was necessary to prevent the threatened harm or evil;
5. A reasonable person would also have believed that driving under the influence and/or with a blood alcohol of .11/.11 was necessary under the circumstances; and
6. The defendant did not substantially contribute to the emergency.
The law enforcement agency that investigated the case was the California Highway Patrol and the California Department of Justice forensic laboratory.
The prosecutor who presented the People’s evidence to the jury and argued the necessity defense was inapplicable was Deputy District Attorney Sean Phillips.
Mendocino County Superior Court Judge Carly Dolan was the trial judge who presided over the four-day trial.
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This guy’s lawyer is good. What’s his or her name. I want the name in my Rolodex.
I’d even let them park in the white zone. ?
If you’ve never jammed in Joe’s Garage then you probably don’t know the white zone is for loading and unloading only.
Where’s that quart of beer?
The red zone has always been for loading and unloading. There’s never stopping in a white zone. -Airplane! (1980)
Hate to tell you but you are so wrong. Red curb is no parking (fire hydrants, etc) and white is for loading or unloading ( restaurants, bus stops) etc…
Listen Betty, don’t start up with your white-zone shit again.
Satire is lost upon you.
Airplane!
It’s a couple of quarts of beer.
His momma was screaming “TURN THAT DOWN!!!”
We were playing it all night long.
move over Johnny Cochran
“Hell hath no fury…”
I want their number too! Give them their props, article don’t name the lawyer who won!?
You’ve heard of a scorned woman, yes?
?
How very creative of his attorney. Escaping two women who were angry has not been an excuse running away since a mother was in a discussion with grade school teacher. Was the necessity that he was a danger to the two women because he was a drunk caught in the act who got angry? I’ve sat on juries with idiots but this one sounds like a stubborn juror holding the rest hostage until they agreed with him. Heck he did not “contribute” to the emergency. He was the emergency.
“Officer, my wife said she was gonna kill me if I didn’t drive to the store to get more vodka. “
I came upon a taxi with the meter running outside the Liquor Barn. I asked the driver if he knew he was the hook in a country song.
“never leave your wife and your girlfriend at the same time”
Lol on a roll. Fantastic story in our humorless P.C times.
Gimme that name of that lawier too….lol
The truth will set you free!!
And apparently in Ukiah it is fine to abuse women, cheat on your spouse without the spouse’s permission, and, DUI while fleeing the clutches of women who are upset…
Even the cops grooved with us, down in Ukiah!
Where does the article say that he abused anyone? It sounds like he actually chose to leave instead of getting into a physical altercation.
And it’s also none of any of our business what kind of choices someone makes regarding fidelity in their own personal relationships.
I’d imagine he’s referring to the multiple high ranking Ukiah cops who are currently in trouble for being straight up rapists
Goodness, you know, Marriage is supposed to be slightly more binding than a handshake, and if the woman you promised to be faithful to finds you having sex with another woman, they probably will both be slightly upset…
Usually they both dump you, but in Mendo, maybe not.
People have gotten so P.C rhat is a turn off. Laugh people, nothing but super funny
I didn’t see anywhere where it said he had abused women and when would anyone give a man permission to cheat on them? I think this situation is terrific how often does something like this occur? Not often enough this is one hell of a lawyer! I don’t think it’s OK to drive drunk but he did have a reason and no one was injured or killed so no harm no foul.
The defense attorney who argued this case will not be having to buy their own drinks at the social club for quite some time.
I want more information! Where’s Paul Harvey?
Was he in a bed, or the back seat?
Did his wife pull up in a car, or did he pull out in a car?
Was it a drag race, or did she drag him out of the bed?
Was he stopped for speeding, or home-wreckless driving?
Was anyone else in the vehicle?
Did the CHP stop him coming around a bend?
So many questions!
“6. The defendant did not substantially contribute to the emergency.”
If his wife caught him fucking his mistress, it was the dog’s fault?
Love the part about “preventing evil”
The only problem was Mr. Houston lol
Houston had one hell of a Defense Attorney.
And or a sympathetic jury
This is the 1 out of 1,000 that actually pulls off a successful defense. Good for him.
So cheating on your wife is a good excuse for driving drunk. I wondern if a woman did this what the verdict would be
Ever read “A Scarlett Letter” by Nathaniel Hawthorne?
Sure is nice to know that the Established Order is fundamentally intact along the North Coast!
Unfortunately, this rings true. Women even in cases of self-defense get longer sentences. The Justice system also will make it very hard for women to keep their children away from a violent person. This is why most women stay, take the abuse and or cheating, and don’t speak up. It’s not worth it when the justice system and police are generally misogynistic. Culturally Americans don’t want women to leave they want a women they can control. A women leaving undermines the patriarchy which is the entire culture of our police departments and legal system.
The truth is if we put a fraction of what the Sherriff’s office puts into Hummers and Boats into a real DV shelter we might actually see a lot of women being able to lead better lives. It’s just not a priority to keep women and children safe.
That’s rich, gonna have to remember that one lol
Carly Dolan, like most of the Mendo judges, is inept to the point of idiocy. How can it be said the defendant did not substantially contribute to the emergency? He created it! So the defense of necessity fails on its face and the judge should not have allowed it. But yes, kudos to the defense attorney who snookered the judge into allowing the defense and jury into buying it.
I dunno, she has her appointment to the bench by none other than Gavin Newsom himself. Surely there must have been something about her that attracted his attention? Something that made her stand out from so many others he could have chosen? Seems that Mendocino County is in close enough proximity to his winery that he can keep an eye on her and check in on her from time to time, in my humble opinion.
Bloodshot Bill said: “Appointed to the bench by none other than Gavin Newsom himself.”
That might be the problem.
Indeed. I hope my sarcasm was able to emanate from my post.
that is soooooooome bullshit.
New words of the day. flagrante delicto. LOL!!
You, Sir Thomas Patrick Houston, just provided a credible and earnest defense to every good ol’ boy on the North Coast. Huzzah!
“Your honor, had I not made the grave and decisive choice to leave the scene, despite several libations consumed with one fair maiden prior to our dalliance, there would have been much wailing, gnashing of teeth and without a shadow of doubt, pain and suffering. Not to mention, shrieking and shrill conversations that would have disturbed the peace of this lovely hamlet. I dare say the battle axe may have been deployed and there was an inherent danger of bloodshed or great bodily harm. It was my duty to get behind the wheel of that vehicle and tarry forth with much haste.”
I suspect that the retelling of the outcome of this case shall bring much embarrassment to Deputy District Attorney Sean Phillips. I also suspect he will most likely not garner any favorable votes from the female married populace of Mendocino County should he ever choose to run for District Attorney!
Now, out of an abundance of interest, why was the defense attorney’s name not provided as a public service in this release?
Life doesn’t often resemble art, but it did in that courtroom.
Just one more flagrant example of male privelege in america. Better get ocasio on this matter she will right the wrong here
I’ve had to do the exact same thing before! I never got the DUI but was running for my life!?
I beat a DUI while stoned case back when Leggett had the trailer courthouse. The smoke rolled out the window when I rolled it down into the CHP officers face. I dared the DA to gather 12 of my peers from Northern Mendo who would unanimously convict me. Dropped to Dry Reckless. My attorney was flabbergasted when he called to tell me it worked. Unjust Laws.
People who demand exceptions…
Frankly, the Law in California does not seem to be applied equally…
Oh make no mistake that mans penalty doesnt stop at the courthouse. One or both of Those birthing humans. Will make his life miserable far beyond reasonable recompense
Sounds like the judge knew these women to be some gnarly girls.
I just hate it when the law is applied equally to everyday workin folk instead of reserved for the elite…… good for you Thomas now, do better.
he got caught cheating on his wife while drunk. Is a coward about dealing with 2 women he has disrespected. So he fled the scene in a vehicle and risked, to get away from the mess he created, other people’s lives.
Man. Ukiah is dumb.
So because he was cheating on his wife as a man he should have stayed there and taken his punishment is what i hear you saying , even if that punishment was physical beating slapping verbal abuse ect . I wonder if the genders were reversed if your thoughts would be that a female should have stuck around for the same treatment ? Just wondering
He is fleeing from the results of his own actions and putting other people at risk.
This guy is a penis life support system and the jury let him go. It’s crazy and anyone who thinks this is okay is crazy too. Where is MADD?
Because no man has ever lost their life in similar situations?
Jury nullifiication
Good verdict.
And, good on the man for leaving a hostile situation.
Well, he didn’t hang around to make sure the two women didn’t hurt each other. Seems cowardly to me, but I don’t know all the circumstances.
I think his only good decision was leaving.
Before and after are another story.
They should give him an award for “Fighting against Domestic Abuse”. Yup- this guy is a HERO! Great
I guess the article says “2 angry women”, but I could understand this kind of defense if maybe his reasonably pissed off wife was trying to kill his mistress and he had to get her out of there asap. Cheating is legal but violence isn’t idk
puts a whole new meaning on coitus interuptus
Precedent set State of Cali(long drag off a reefer) vs. Houston All person’s acoused of any crimes against decent morals and a pissed off wife oh and a cop or two Not Guilty! Next case!
Kim start a blog in Medford Oregon huge opportunity the local paper quit in January. Bigger market looks wide open. Good Luck! I might want to invest if you came up with a strong business plan.
Great one
HELLO…At 60 years old he KNEW better than all of it. Must be quite the charming soul. In this case definitely can’t teach an old dog new tricks. But tricks and $ can keep him out of the pound . Some fancy 5×7 photos, arrows and flow charts. You can get anything you want…at ALICE’S RESTAURANT AKA Mendocino County Courts ❤
I cannot like a comment unless I log in and COMMENT. So, this is my comment.
STILL not allowed to like.
OK….giving up now. I just wanted to like your Airplane references D’Tucker Jebs.
Carly Dolan is the best judge Mendo has, it is heartwarming that this man was able to get his innocence confirmed. Any other time it would have just been another revenue generator for the greedy Mendocino county. Good job Carly!
to prevent EVIL… thats good1
How did he get by the “Did not substancially contribute”.”?
Will legal wonders never cease?
We’re still a couple of months out from April 1st.