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State v. Hammond

Supreme Court of New Jersey

571 A.2d 942 (1990)

Relevant factsFree

Theodore Hammond (defendant), who had already been drinking, asked only for fruit juice at a friend's home, but his host secretly mixed it with vodka so Hammond couldn't detect the alcohol; Hammond then drank about 12 ounces of vodka without realizing it. Later, after leaving a bar without drinking there, Hammond was pulled over for erratic driving and failed two breathalyzer tests. He was convicted of DUI after the trial court found his intoxication was voluntary despite his host's testimony, and the appellate courts split on whether involuntary intoxication could be a defense to a DUI charge at all.

IssueFree

Whether involuntary intoxication is an affirmative defense to a motor vehicle violation.

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