The Jerusalem Court of Appeals has upheld the defense of a woman whose car was struck by a drunk driver during a drunken-driving accident, the Jerusalem Post has learned.
An appeals court ruled Tuesday that Rachel Hausler was entitled to a lawyer because she had been drinking on the road and was driving in violation of the law, which is designed to prevent drunk driving.
Her defense attorney, Shai Elav, said the case was the first time a drunk-driving defense lawyer had been allowed to represent a woman in a case involving alcohol.
A judge in January overturned Hauslers acquittal on charges of drunken driving and negligent driving.
The court noted that Hausers legal team had not filed a motion to appeal her conviction.
Hausler, 28, who is from the northern Tel Aviv suburb of Kiryat Gat, was driving home from a friend’s wedding when she hit a light pole and went into the path of a car driven by an intoxicated man who was driving drunk, the court said.
Hauzers family and friends had planned to celebrate her birthday on Monday with a dinner at a restaurant in the area.
Hennig Karp, the attorney for Haus, said in a statement that his client would not appeal the ruling.
The court also said that Harsher’s defense team was permitted to file a motion seeking a stay of the decision, meaning it could be appealed.
The appeals court, which heard arguments Monday and issued its ruling on Wednesday, said that the woman’s legal team was entitled because it had not yet filed its motion to contest the acquittal, which had been handed down in December.
Harsher and the driver were the only people in the car at the time of the accident.
Hairspray was not used in the accident, which happened in an apartment complex, the appeals court said, noting that the driver had never been tested for alcohol and that the crash had been caused by the drunk driver.
The case was decided in February, when Haus was sentenced to two years in prison and eight months probation for driving without a license.
The sentence was appealed, but that ruling was reversed.
The defense team sought to appeal the court’s decision to the Supreme Court, arguing that Hines’ actions were not crimes under Israeli law.
Hes is the daughter of Rabbi Yoav Hirsch, who was killed in a motorcycle accident in 1996, and his wife, Avraham Hirsch.
The couple is a member of the Reform movement.
Husler’s legal defense team argued that she had drunk heavily during the crash and that her blood alcohol level was over the legal limit.
Horsch, who died in 2015 at the age of 96, was the grandson of Rabbi Yehuda Hirsch of the New York City Jewish community and is a leader of the Israel Bar Association.