Cotter v. State

OPINION

Appellant Vicki Lynn Cotter was convicted of two counts of felony driving under the influence of a controlled substance, NRS 484.3795, and sentenced to two consecutive three-year prison terms. Since prejudicial error resulted from an incorrect instruction to the jury, reversal and a new trial are mandated.

On January 28, 1983, Cotter was involved in an auto accident in which she and the two occupants of the other vehicle were injured. At the hospital, Cotter’s blood was tested for alcohol and drugs. The tests revealed the presence of amobarbital, secobarbi-tal and desmethyl-diazapam…