. >> and you have chappaquidick, the whole family rallies, they remind everybody they're catholic. >>g to do everything they can in a court of law. >> can she say i meant to take this medicine but i took an ambien instead. >> well, you can say that, this case is getting a lot of attention, i think we know why. she is certainly entitled to put forth any defense she wants. this is a serious case in terms of people getting behind the wheel impaired. but it is a first time offender case being tried at the state level. >> is it believable to you? >> do i think it is believable? i guess anything can happen in a trial and whether or not it will be persuasive is the question. i think they're sort of hoping it will. >> an honest mistake. >> an honest mistake, somebody who meant to go out and be under the influence of the car. that is the idea. that would negate sort of the intent of the idea. the mens rea idea of it. >> would you have the same decision or sentence, if they can honestly say yes. >> there is some precedent with patrick kennedy and the ambien. >> pull that one out, see if that wo