An Oregon man has been sued by the estate of a woman whom he ran over in a grocery store parking lot. The woman was loading groceries into her car at the time she was hit and later died from her injuries. According to the lawsuit, the man was on the Whole30 diet and had skipped breakfast and lunch, which made him feel nauseous and lightheaded. The woman's estate claims that the driver was negligent in that he did not maintain proper control of his vehicle, was driving too fast for the conditions, was driving despite knowing his health issues would pose a risk to people on the roadway, and failed to obey traffic laws. The Whole30 diet encourages followers to avoid consuming processed foods, sugar, beans, dairy, and grains for 30 days.
According to reports, the man never faced criminal charges as a result of the accident. Criminal defense attorney Steve Karimi discusses the rare instances where diets, foods, and digestion have been raised in defense strategies against criminal charges.
The Twinkie Defense
The Twinkie defense was a phrase that became popular during the controversial trial of Dan White for the murders of San Francisco city Supervisor Harvey Milk and Mayor George Moscone. Prior to the time of the murders, White had changed his diet from strictly health food to Twinkies, junk food, and sugary sodas. White's defense attorneys argued that his mental capacity had been diminished by his depression and that consuming junk food such as Twinkies was a symptom that evidenced the seriousness of his depression. The defense was successful in their argument that White's capacity for rational thought was diminished by his depression, and therefore the murder could not have been premeditated. White was eventually convicted of the lesser charge of involuntary manslaughter.
The Caffeine Defense
In 2012, a Rainier School District bus driver was charged with sexually molesting five high school volleyball players. The man claimed that consuming too much caffeine caused him to suffer a psychotic bipolar episode which led him to grope the women. The judge stated that the bipolar condition did not excuse his behavior and sentenced the bus driver to five months in prison.
The Brewery Defense
An upstate New York woman was charged in 2014 with aggravated DWI for driving with a blood-alcohol level of four times the legal limit. The woman had consumed three drinks earlier in the day before her arrest. The woman's defense attorney argued that she suffered from a rare medical disorder called Auto-Brewery Syndrome whereby food is converted into alcohol during the digestion process by yeast in the stomach. The judge dismissed the aggravated DWI charges.
Contact Seattle Criminal Defense Attorney Steve Karimi
Convictions for criminal charges of any type can have serious consequences. If you've been charged with a crime in Washington, The Law Offices of Steve Karimi can help defend your rights. Contact us by calling (206) 621-8777 or fill out our online case evaluation form for a free consultation today.