A Phoenix-area man will sit before a full 14-jury panel to argue that he was asleep at the wheel, not drunk, during a Christmas Eve auto accident.

Christopher Smith was charged on December 24, 2007, when he drove the wrong way on Pecos Road, eventually striking a van head on. One passenger, Trang Vo, died in the accident. Smith is charged with second degree murder in the death of Vo, and he also faces three counts of aggravated assault in injuries to Kiem Chung, Ngyon Chung and Tuyet Nguyen. The four passengers were returning home, according to Ahwatukee.com, when the accident occurred.

Reports from the accident say multiple cars were flashing lights at Smith, warning him of the problem, before the accident occurred. Following the accident, Smith's BAC was recorded at .20%, which is well-over the legal limit. Adding to the prosecution's case, Smith had one previous DUI charge at the time of the accident.

The defense team is not arguing Smith had been drinking. Instead, they are arguing Smith was in a "semi-conscious" state, essentially asleep at the wheel, when the accident occurred. The defense team will be asking for less than the possible 22 year sentence due to the fact Smith was actually asleep, not just drunk, when the accident occurred. 

The trial will not be resolved for an estimated 10-14 days.