Just to clarify what you wrote, the woman was walking and texting and arguing with friends 50 minutes to an hour before getting in the cab.  There apparently was no evidence about her state at the time she got into the cab, but we do know is she passed out within 11 minutes.  So it's not at all clear that the Judge was correct in thinking that she was capable of consent when she got into the cab.  Perhaps we'll find out on appeal.