Solomon v. State

OPINION

MANNHEIMER, Judge.

Clarence Solomon appeals his conviction for driving under the influence, AS 28.35.030(a). At his trial, Solomon introduced evidence that his intoxication stemmed from his ingestion of approximately one quart of NyQuil® cold medicine. Solomon further claimed that he did not read the label on the NyQuil bottles (which stated that NyQuil contained 10 percent alcohol), and that he remained unaware that NyQuil contained alcohol or that NyQuil might otherwise be an intoxicant.

Based on this evidence, Solomon asked the trial judge to instruct the jury that he should be…