College Student Fined $500 for 'Sleep Driving'

A college student who went “sleep driving” under the influence of Ambien in 2009 has been ordered to pay a fine of $500 after a judge ruled she was guilty of operating while intoxicated.

Whitefish Bay Municipal Judge Paul Christensen on Wednesday ordered Kelly Davis to pay a $500 fine and undergo alcohol assessment, in addition to a six-month suspension of her driver’s license. She was also fined $126.60 for operating left of the center line.

The case dates back to Nov. 19, 2009, when Davis left her apartment on the east side of Milwaukee under the influence of Ambien, a sleep aid, and went “sleep driving” before she was pulled over after running a stop sign at 2 a.m. on Henry Clay Street and Lake Drive, according to the police report..

Davis, who was 21 at the time, told police she took two or three Ambien pills at around midnight and intended to go to sleep at her apartment. She said she later drove to the BP gas station at 3624 N. Oakland Ave., because she wanted something to drink. She said she “got lost” and could not remember anything after leaving the gas station, according to the report.

While driving on Lake Drive, she swerved into the opposite lane, hit a curb, ran a stop sign at Henry Clay Street and continued to swerve in the roadway until she was pulled over.

According to the report, Davis’ eyes appeared glassy and bloodshot, her speech was slurred and she appeared confused and disoriented. Officers noticed fresh damage on her car, but Davis said she did not remember anything about the accident other than hearing a “bang.”

Davis told police she suffers from bipolar disorder and she had taken several other prescribed medications that night.

At a Jan. 19 municipal trial, Davis’ attorney, Craig Mastantuono, urged Christensen to dismiss the case, saying she involuntarily intoxicated while she went “sleep driving." He said she was wearing sweatpants and her cat was perched on her shoulder at the time of the incident, so she was not on the way home from a bar or a party.

At the trial, Elizabeth Miles, a village prosecutor, said Davis was in no condition to drive, and that village statutes do not broach the issue of whether she intended to drive or not. Additionally, she said Davis may have exceeded the recommended dosage.