Get more case briefs explained with Quimbee. Quimbee has over 35,900 case briefs (and counting) keyed to 984 casebooks ► [ Ссылка ]

State v. Hammond | 571 A.2d 942 (1990)

Under New Jersey’s Code of Criminal Justice, intoxication is an affirmative defense to criminal liability if it prevents a defendant from appreciating the wrongfulness of his or her conduct or from conforming his or her conduct to the law. In State versus Hammond, we explore the scope of the defense’s applicability, specifically in relation to motor-vehicle offenses.

After hosting a small dinner party, where he consumed one cocktail and some wine, Theodore Hammond and some of his guests went to a friend’s house. The friend, Henry Spence, pranked Hammond by spiking Hammond’s fruit juice with vodka in a way that the vodka was undetectable. Over a few cups, Hammond consumed twelve ounces of vodka. Although starting to feel sick, Hammond accompanied the group to a bar. But he soon decided to leave. Believing that he hadn’t consumed any alcohol since the cocktail and wine early in the evening, Hammond thought he was safe to drive.

But having in fact consumed significantly more alcohol, his driving was extremely erratic, attracting the attention of a police officer. When stopped, Hammond failed two breathalyzer tests and was charged with driving under the influence.

At trial, Hammond argued that his involuntary intoxication was a defense to liability. Although the municipal court agreed that involuntary intoxication could be a defense to driving under the influence, it didn’t believe that Hammond truly consumed the vodka without knowledge of its presence.

Consequently, the municipal court convicted Hammond. The law division affirmed the conviction but stated that involuntary intoxication wasn’t a viable defense to driving under the influence. The appellate division disagreed, holding that involuntary intoxication was a viable defense, reversing Hammond’s conviction, and remanding to the law division for a retrial. The state appealed to the New Jersey Supreme Court.

Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: [ Ссылка ]

The Quimbee App features over 35,900 case briefs keyed to 984 casebooks. Try it free for 7 days! ► [ Ссылка ]

Have Questions about this Case? Submit your questions and get answers from a real attorney here: [ Ссылка ]

Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► [ Ссылка ]

Quimbee Case Brief App ► [ Ссылка ] ► [ Ссылка ] ► [ Ссылка ]
#casebriefs #lawcases #casesummaries

свернуть