- in this case, appellant's guilty plea for reckless driving was provident when he took his prescribed dose of Ambien, fell asleep in his bed, and the next thing he remembered was being behind the wheel of his car; in the face of the possibility that appellant's reckless driving was the product of automatism, the military judge reopened the Care inquiry, squarely addressed the issue of automatism, and appellant affirmatively declined to avail himself of the defense; and a reasonable inference drawn from the facts elicited during the Care inquiry was that appellant knew that taking Ambien would impair his ability to safely drive his car, and that he recognized, and culpably disregarded, the foreseeable consequences to others (i.e., putting them at risk of being physically harmed) when he drove his car in a dangerous manner after taking the medication
CAAF Opinion Digest · III.AA.51 · Crimes Offenses on/after 1 Jan 2019
Article 113 - Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel
Offenses committed on or after 1 January 2019 (post-2016 amendment) — opinions from the 2021 Term of Court forward.
1 digested opinion, 2024–2024 Terms
2024 (October Term)
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIAA51 · Always confirm a holding against the opinion itself (linked from each case name).