Brian Holm, 52, of Lolo, MT was sentenced to 15 years in prison for killing pedestrian Brian Beaver, 23, of Aberdeen, WA in a drunk driving accident in Missoula, MT last November.

Holm is requesting a new trial for a variety of reasons–one of them being the judge fell asleep during the defendant's testimony.  He also appealed that the state did prove beyond a reasonable doubt that he was under the influence of prescription drugs and alcohol during the incident.

Holm believes the jury was swayed in their decision by the judge's dozing off during the trial.  District Judge Dusty Deschamps stated he would need proof that his nap in the courtroom affected the jury's decision.  Since Montana law prohibits the defendant from contacting any juror, Holm has requested a new trial in order to appeal the conviction.

If you have been charged with DUI, contact Seattle DUI defense lawyers of  Cowan Kirk Gaston Law Firm by calling 866-822-1230 today.