People v. Way

Defendant was convicted, after stipulated bench trial, of aggravated DUI. Defendant hit another vehicle, resulting in serious injury to 2 people. Court erred in finding that Defendant was barred, as a matter of law, from raising as an affirmative defense that accident was caused solely and exclusively by a sudden unforeseeable medical condition (low blood pressure) that rendered her incapable of controlling her car.  However, Defendant failed to make an adequate offer of proof to support this affirmative defense, as Defendant's physician could not testify that Defendant's low blood pressure was the cause of her falling asleep or losing consciousness prior to accident, but only that it was a possibility. (FREEMAN, THOMAS, KILBRIDE, and BURKE, concurring; GARMAN and KARMEIER, specially concurring.)