Dave works at a local grocery store stocking shelves. After…
Dave works at a local grocery store stocking shelves. After he finished his work shift, he stopped at a local tavern for a quick drink. Dave ordered a beer and drank approximately one-third of the beer. He then began complaining of not feeling well, dizziness, and double vision. He decided to drive home before he felt any worse. As he drove home he gradually drove off the road and drove through his neighbor’s fence. Dave’s car came to a rolling stop near his house. The fence was destroyed, as was the car. Upon hearing the collision, the neighbor ran up to Dave and found him barely conscious and his breath smelling of alcohol. The neighbor called the police. An officer responded to the scene and found Dave with slurred speech, watery eyes, and smelling of alcohol. Because Dave suffered some apparent injuries in the collision, he was transported to the hospital for processing. The hospital found that Dave’s blood alcohol level was less than one-thousandth of one percent, well below the legal limit for intoxication. While treating Dave’s injuries, he was given a Magnetic Resonance Imaging (MRI) scan to determine whether he had sustained a head injury. The MRI results indicated Dave had an undiagnosed brain disorder in the portion of his brain that regulates consciousness. According to doctors, the brain disorder affected Dave’s reticular activating system of the brain, and because this portion of the brain affects one’s consciousness, this disorder can cause a person to suddenly lose consciousness. The prosecutor is considering whether to prosecute Dave with criminal mischief (for intentionally driving through his neighbor’s fence). Explain whether the prosecutor will be able to establish all of the essential elements of a criminal offense given the above facts.