'This is a tragic police shooting using deadly force that was totally unnecessary' said her

A woman who lost her left eye two years ago when a police officer fired a single shot at her following a drunken 40-mile car chase is suing the cop and police force involved.

Kristine Biggs Johnson was driving drunk through Morgan County, Utah, on November 24, 2012 when the shooting occurred.

At a press conference on Thursday to announced her legal action, Johnson said she couldn’t recall much from the evening in question - which doctors have put down to either head trauma or excessive alcohol intake.

In her lawsuit filed in U.S. District Court, Johnson’s lawyer argues that Sergeant Daniel Peay ‘utilized unreasonable, improper, unnecessary and excessive deadly force’.

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Kristine Biggs Johnson removes her eyepatch to reveal the damage done to her by sheriff's deputy Daniel Peay when he shot her in the face in 2012

Johnson, who was drunk and trying to flee police even after they blew out her tires, says she regrets what she did - but she didn't deserve to lose her eye

In her lawsuit filed in U.S. District Court, Johnson’s lawyer argue that Sergeant Daniel Peay had 'utilized unreasonable, improper, unnecessary, and excessive deadly force'

Kristine Biggs Johnson decided to file the lawsuit after Davis County Attorney Troy Rawlings found the shooting to be unjustified, although no charges were ever brought against Sergeant Peay

Kristine Biggs Johnson was drunkenly driving her truck through Morgan County, Utah, on November 24, 2012 when the shooting occurred

She decided to file the lawsuit after Davis County Attorney Troy Rawlings found the shooting to be unjustified, although no charges were ever brought against Peay.

On the night of the shooting, Johnson was traveling from Evanston, Wyoming, to California with her dog and all her possessions – including a bottle of vodka.

‘I hadn’t opened it and I had no plans to,’ she told The Salt Lake Tribune on Thursday, but toxicology tests have since proved that Johnson was legally drunk that night.

When Morgan County sheriffs encountered Johnson she refused to pull over after a deputy tried to stop her for having a broken headlight.

A 40-mile chase into Davis County then ensued after Johnson drove off.

The officer called for backup and at some point during the chase, officers placed spike strips on the road, which destroyed three of Johnson’s tires.

The chase eventually ended in a cul-de-sac and dash-cam footage shows Johnson surrounded by three cop cars.

Peay can be seen getting out of his vehicle and approaching Johnson’s truck as she tries to drive off - his gunfire can then be heard.

The bullet struck and blinded Johnson’s left eye.

During the news conference, Johnson removed her eye patch to reveal the damage done by Peay.

'It hit the bottom of my orbital socket, blew out the side of the arch,' she said. 'The doctor described it as an orbital blowout.

The chase eventually ended in a cul-de-sac and dash-cam footage shows Johnson surrounded by three cop cars

Kristine Biggs Johnson breaks down as her attorney Bob Sykes, plays a YouTube video from a law enforcement dashcam when she was shot in the eye in November 2012

Johnson's attorney Bob Sykes says the video shows that Johnson didn't present any danger to law enforcement in her slow-moving car with tires that had already been blown out

'I don't see them in danger. I see me misbehaving' said Johnson, who is suing the police after she lost her left eye

'I'm sorry for my actions that night were what they were,' she said

Her attorney says the video shows that Johnson didn't present any danger to law enforcement in her slow-moving car with tires that had already been blown out.

'This is a tragic police shooting using deadly force that was totally unnecessary,' says Robert Sykes.

The Morgan County attorney has said that an internal investigation by the sheriff determined that the shooting was justified and Peay is back on the force.