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Editor: Bob Battle
Profession: DUI Defense Lawyer

Category: Virginia DUI

A story first reported last week in the Billings Gazette and picked up nationally that a DUI suspect claimed that a unicorn was driving his car turned out to be a mistake based on a misinterpretation of a slang expression used by one prosecutor in an e-mail to the prosecutor who was appearing in court at a bond hearing. Yellowstone County Attorney Dennis Paxinos called a press conference to set the record straight.

In what turned out to be a case of crossed e-mails and misinterpreted attorney slang, one prosecutor was relating to the deputy prosecutor who was going to appear in court that the defendant was planning to use the "SEDI defense" (an acronym for the claim that "somebody-else-did-it.") The prosecutor relayed to the deputy prosecutor that the defendant was planning on using "the unicorn defense," which suggests that some mythical person was driving at the time of the incident. Unfortunately, the deputy prosecutor who appeared in court to argue a high bond for the defendant charged with DUI and felony criminal endangerment, was not in on the joke, and stated in open court that the defendant had in fact asserted when he was arrested that a unicorn was driving.

The defendant, Phillip Carston Holliday Jr., 42, told police that a woman was driving when his truck ran into a light pole, but he did not tell officers that a unicorn was driving, Paxinos said.

"Mr. Holliday has other serious problems, but this is not one of them," the county attorney said.

Paxinos said he wanted to apologize "to the public, the court and to Mr. Holliday" for the confusion. He also said he wanted to put a quick stop to the story.

"I wanted to stop the misinformation that was generated from my office immediately," he said.

The story in The Billings Gazette was picked up by news outlets across the country.

"It's a great story, it just isn't correct," Paxinos said.

For any DUI defense attorney reading this blog who may think that the unicorn defense was a legitimate defense, do not despair. Although the defendant will not be able to point to the unicorn as the driver, he still has more potential suspects to pin the driving on than one would have playing the game of "Clue." A savvy defense lawyer could argue that, although the unicorn has been ruled out, the prosecution has failed to eliminate the following "reasonable hypotheses of innocence" - a green alligator, a long-necked geese, a humpty-back camel, a chimpanzee, a cat, a rat or an elephant! Happy belated St. Patrick's Day.