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A California man has won his DUI case after claiming drunk driving was necessary to ‘get away from two angry women’ after his wife caught him cheating on her.
Thomas Patrick Houston, 60, of Ukiah, found his case in Mendocino County Superior Court on February 3 after being charged with two misdemeanor DUI charges in August 2022.
His lawyer, Albert J. Kubanis, argued that Thomas was driving at 0.11 BAC out of “necessity” because he was “being attacked by two angry women, one of whom was his wife,” court documents revealed.
Houston’s wife, Lara, 61, found him in bed with another woman, her neighbor, Ann Landauer, and a dispute began. Thomas and his wife were “temporarily living apart due to martial difficulties,” the court documents, seen by DailyMail.com, said.
Landauer had been housing her llamas on the couple’s land, called McNab Ranch, when she contacted Lara to say that she “would like to visit to see how her llamas are doing,” which Lara set up through her husband.
Upon Ann’s arrival at the ranch, he suggested she go get some alcohol for the two of them, and the couple hopped in their truck to Hopland to buy some. After returning to the ranch, they got drunk and later engaged in sexual activities.
Thomas Patrick Houston, 60, of Ukiah, was found not guilty to two DUI counts under the ‘act of necessity’ as he had to escape from ‘two angry women’ after his wife found him sleeping with him. neighbor during their estrangement.
The house is equipped with surveillance footage available on Lara’s phone. The first time she checked it, she discovered that her husband and her neighbor were drinking. But after checking it a second time, she noticed that the house was quiet.
Lara then drove to the residence and found the couple ‘engaging in sexual activity’ in the guest room.
Court documents reveal that Ann was “completely nude” while Thomas was found wearing a “t-shirt and boxer shorts” with his “head between Ann’s legs.” Noticing Lara in the room, they “jumped out of bed.”
Lara flew into a rage and started ‘hitting Tommy with her hands’. Ann walked over to the other woman as Thomas ran from the room to his truck.
Both women eventually became enraged at Thomas and ran outside, where Ann began throwing gravel at him and his truck.
Kubanis argued that Thomas was “forced to leave his residence under duress, forcing him to drive while intoxicated.”
He then drove 200 yards before stopping and promptly falling asleep. Hours later, he would be arrested by the California Highway Patrol and Sheriff’s Office for showing up ‘intoxicated’ at 2:10 am.
Thomas pleaded not guilty in September and was acquitted in a four-day jury trial.
Mendocino County District Attorney David Eyster’s office revealed that Houston won by “act of necessity.”
DailyMail.com contacted the Houstons for comment but was referred to their attorney Albert J Kubanis. DailyMail.com has attempted to reach him for comment.
The Mendocino County District Attorney’s Office revealed on its Facebook that it won the use through an ‘act of necessity’, which is justified under the law.
For the act of necessity to prevail, the following must be proven:
‘1. You acted in an emergency to prevent significant bodily harm or harm to yourself or another person.
‘2. He had no suitable legal alternative.
‘3. Defendant’s driving under the influence and/or with a blood alcohol level of .11/.11 did not create a greater than averted danger.
‘4. When the defendant acted, he actually believed that the act of driving under the influence and/or with a blood alcohol level of .11/.11 was necessary to prevent harm or threatened harm.
‘5. A reasonable person would also have believed that driving under the influence and/or with a blood alcohol level of .11/.11 was necessary under the circumstances.
‘6. The defendant did not contribute substantially to the emergency. the prosecutor’s office said.