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:Not Guilty

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.

Facebooktwitterpinterestmail

Join the discussion! For rules visit: https://kymkemp.com/commenting-rules

Comments system how-to: https://wpdiscuz.com/community/postid/10599/

Subscribe
Notify of
guest

This site uses Akismet to reduce spam. Learn how your comment data is processed.

76 Please improve the conversation by disagreeing thoughtfully and backing your claims with facts
Oldest
Newest Most Voted
Joe'sGarage
Guest
Joe'sGarage
3 years ago

This guy’s lawyer is good. What’s his or her name. I want the name in my Rolodex.

Villian
Member
Villian
3 years ago
Reply to  Joe'sGarage

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?

Last edited 3 years ago
D'Tucker Jebs
Member
3 years ago
Reply to  Villian

The red zone has always been for loading and unloading. There’s never stopping in a white zone. -Airplane! (1980)

John
Guest
John
3 years ago
Reply to  D'Tucker Jebs

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…

D'Tucker Jebs
Member
3 years ago
Reply to  John

Listen Betty, don’t start up with your white-zone shit again.

Archibald Meatpants
Guest
Archibald Meatpants
3 years ago
Reply to  John

Satire is lost upon you.
Airplane!

Joe'sGarage
Guest
Joe'sGarage
3 years ago
Reply to  Villian

It’s a couple of quarts of beer.

Herc
Guest
Herc
3 years ago
Reply to  Villian

His momma was screaming “TURN THAT DOWN!!!”

Sharpie
Member
3 years ago
Reply to  Herc

We were playing it all night long.

bearjoo
Guest
bearjoo
3 years ago
Reply to  Joe'sGarage

move over Johnny Cochran

Phyllobates terribilis
Member
Phyllobates terribilis
3 years ago
Reply to  Joe'sGarage

“Hell hath no fury…”

Mat
Guest
Mat
3 years ago
Reply to  Joe'sGarage

I want their number too! Give them their props, article don’t name the lawyer who won!?

Mel
Guest
Mel
3 years ago
Reply to  Joe'sGarage

You’ve heard of a scorned woman, yes?
?

Guest
Guest
Guest
3 years ago

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.

Last edited 3 years ago
Lou Monadi
Guest
Lou Monadi
3 years ago
Reply to  Guest

“Officer, my wife said she was gonna kill me if I didn’t drive to the store to get more vodka. “

Villian
Member
Villian
3 years ago
Reply to  Lou Monadi

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.

bearjoo
Guest
bearjoo
3 years ago
Reply to  Lou Monadi

“never leave your wife and your girlfriend at the same time”

Lucy Ham
Guest
Lucy Ham
3 years ago
Reply to  Lou Monadi

Lol on a roll. Fantastic story in our humorless P.C times.
Gimme that name of that lawier too….lol

James
Guest
James
3 years ago

The truth will set you free!!

Permanently on Monitoring
Guest
Permanently on Monitoring
3 years ago
Reply to  James

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!

D'Tucker Jebs
Member
3 years ago

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.

F you that's why
Guest
F you that's why
3 years ago
Reply to  D'Tucker Jebs

I’d imagine he’s referring to the multiple high ranking Ukiah cops who are currently in trouble for being straight up rapists

Permanently on Monitoring
Guest
Permanently on Monitoring
3 years ago
Reply to  D'Tucker Jebs

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.

Lucy Ham
Guest
Lucy Ham
3 years ago
Reply to  D'Tucker Jebs

People have gotten so P.C rhat is a turn off. Laugh people, nothing but super funny

EvilAngel
Guest
EvilAngel
3 years ago

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.

D'Tucker Jebs
Member
3 years ago

The defense attorney who argued this case will not be having to buy their own drinks at the social club for quite some time.

Bill
Guest
Bill
3 years ago

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!

What!?
Member
What!?
3 years ago

“6. The defendant did not substantially contribute to the emergency.”

If his wife caught him fucking his mistress, it was the dog’s fault?

Entering a world of pain
Guest
Entering a world of pain
3 years ago

Love the part about “preventing evil”

Tony S
Member
3 years ago

The only problem was Mr. Houston lol

Tony S
Member
3 years ago

Houston had one hell of a Defense Attorney.

treeman53
Member
treeman53
3 years ago
Reply to  Tony S

And or a sympathetic jury

Vermin Supreme
Member
Vermin Supreme
3 years ago

This is the 1 out of 1,000 that actually pulls off a successful defense. Good for him.

Sandra Lin gle
Guest
Sandra Lin gle
3 years ago

So cheating on your wife is a good excuse for driving drunk. I wondern if a woman did this what the verdict would be

Bloodshot Bill
Guest
Bloodshot Bill
3 years ago
Reply to  Sandra Lin gle

Ever read “A Scarlett Letter” by Nathaniel Hawthorne?

Sure is nice to know that the Established Order is fundamentally intact along the North Coast!

Farmer
Guest
Farmer
3 years ago
Reply to  Sandra Lin gle

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.

Farmer
Guest
Farmer
3 years ago
Reply to  Farmer

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.

Guess
Guest
Guess
3 years ago

That’s rich, gonna have to remember that one lol

Truth Be Told
Member
Truth Be Told
3 years ago

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.

Bloodshot Bill
Guest
Bloodshot Bill
3 years ago
Reply to  Truth Be Told

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.

Truth Be Told
Member
Truth Be Told
3 years ago
Reply to  Bloodshot Bill

Bloodshot Bill said: “Appointed to the bench by none other than Gavin Newsom himself.”

That might be the problem.

Bloodshot Bill
Guest
Bloodshot Bill
3 years ago
Reply to  Truth Be Told

Indeed. I hope my sarcasm was able to emanate from my post.

smashed potato
Guest
smashed potato
3 years ago

that is soooooooome bullshit.

Shortjohnson
Guest
Shortjohnson
3 years ago

New words of the day. flagrante delicto. LOL!!

Bloodshot Bill
Guest
Bloodshot Bill
3 years ago

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?

farfromputin
Member
3 years ago

Life doesn’t often resemble art, but it did in that courtroom.

Patriot
Guest
Patriot
3 years ago

Just one more flagrant example of male privelege in america. Better get ocasio on this matter she will right the wrong here

Lee
Guest
Lee
3 years ago

I’ve had to do the exact same thing before! I never got the DUI but was running for my life!?

Just a Guy
Guest
Just a Guy
3 years ago

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.

Guest
Guest
Guest
3 years ago
Reply to  Just a Guy

People who demand exceptions…

Mike Morgan
Member
3 years ago

Frankly, the Law in California does not seem to be applied equally…

Patriot
Guest
Patriot
3 years ago
Reply to  Mike Morgan

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

North westCertain license plate out of thousands c
Guest
North westCertain license plate out of thousands c
3 years ago

Sounds like the judge knew these women to be some gnarly girls.

justsayin
Guest
justsayin
3 years ago

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.

guest`
Guest
guest`
3 years ago

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.

Antichrist
Guest
Antichrist
3 years ago
Reply to  guest`

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

guest`
Guest
guest`
3 years ago
Reply to  Antichrist

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?

David Dessen
Guest
David Dessen
2 years ago
Reply to  guest`

Because no man has ever lost their life in similar situations?

Ullr Rover
Guest
Ullr Rover
3 years ago

Jury nullifiication

The Real Brian
Member
3 years ago

Good verdict.

And, good on the man for leaving a hostile situation.

thetallone
Guest
thetallone
3 years ago
Reply to  The Real Brian

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.

The Real Brian
Member
3 years ago
Reply to  thetallone

I think his only good decision was leaving.

Before and after are another story.

Farce
Guest
Farce
3 years ago

They should give him an award for “Fighting against Domestic Abuse”. Yup- this guy is a HERO! Great

F you that's why
Guest
F you that's why
3 years ago

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

Phyllobates terribilis
Member
Phyllobates terribilis
3 years ago

puts a whole new meaning on coitus interuptus

It's Me
Guest
It's Me
3 years ago

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!

It's Me
Guest
It's Me
3 years ago

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.

Sun J. Davis
Guest
Sun J. Davis
3 years ago

Great one

Mendocino Mamma
Guest
Mendocino Mamma
3 years ago

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 ❤

Nemo Nemo
Guest
Nemo Nemo
3 years ago

I cannot like a comment unless I log in and COMMENT. So, this is my comment.

Nemo Nemo
Guest
Nemo Nemo
3 years ago

STILL not allowed to like.

Nemo Nemo
Guest
Nemo Nemo
3 years ago

OK….giving up now. I just wanted to like your Airplane references D’Tucker Jebs.

Last edited 3 years ago
Jack Gouber
Guest
Jack Gouber
3 years ago

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!

geoffrey davis
Guest
geoffrey davis
3 years ago

to prevent EVIL… thats good1

Tracine Dorner
Guest
Tracine Dorner
3 years ago

How did he get by the “Did not substancially contribute”.”?
Will legal wonders never cease?

izzy
Guest
izzy
3 years ago

We’re still a couple of months out from April 1st.