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Woman fights DUI with date rape drug defense

By The Associated Press
Published On: Nov 25 2012 05:15:11 PM MST
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MISSOULA, Mont. -

The Montana Supreme Court has ruled that a Missoula woman charged with drunken driving should have the opportunity to present evidence she was given a date rape drug and that her actions were involuntary.
    
Leigh Paffhausen's case was sent back to a lower court following the 4-3 opinion last week.
    
Paffhausen contends she drank a small amount of alcohol before being pulled over in January of 2010 but says someone drugged her without her knowledge.
    
The Missoula Municipal Court granted a motion by the city of Missoula preventing Paffhausen from using the date rape drug defense, and the district court affirmed that decision.
    
But Justice James C. Nelson wrote in agreeing with Paffhausen that a hearing is a small price to pay if seeking justice.