Navigating I-495 near the Telegraph Road, an area congested with cars and construction, is hard enough without distractions.
But the plaintiff 's attorney in a civil case set for trial next week in Fairfax County alleges that a man having sex while driving drunk is to blame for slamming into a cab last May on the Beltway.
The cab driver's attorney claims in court filings that a Woodbridge man, while driving home from a birthday party in Baltimore with a male and female passenger, crashed his car into the cab at a high rate of speed while engaged in an intimate moment with the women.
The attorney states in court documents that a law enforcement officer testified one of the defendants "failed all sobriety tests, had a .10 BAC (blood alcohol) level, and insisted at the scene that he was drunk."
The attorney adds that "the speedometer on his vehicle was locked at 85 miles per hour at the moment of impact. Having sex at 85 miles per hour while drunk driving on a freeway is willful and wanton negligence."
But in court documents, the driver, who was found guilty of DUI, claims the other man in the car was actually behind the wheel at the time of the collision - a claim the man denies.