2024 (October Term)
United States v. Navarro Aguirre, 86 M.J. 43 (in this case, appellant's guilty plea for reckless driving was provident when he took his prescribed dose of Ambien, fell asleep in his bed, and the next thing he remembered was being behind the wheel of his car; in the face of the possibility that appellant's reckless driving was the product of automatism, the military judge reopened the Care inquiry, squarely addressed the issue of automatism, and appellant affirmatively declined to avail himself of the defense; and a reasonable inference drawn from the facts elicited during the Care inquiry was that appellant knew that taking Ambien would impair his ability to safely drive his car, and that he recognized, and culpably disregarded, the foreseeable consequences to others (i.e., putting them at risk of being physically harmed) when he drove his car in a dangerous manner after taking the medication).