![]() ![]() The primary basis of the court’s decision, however, was that the offense of DWI is not part of the CCJ but instead the state’s Motor Vehicle Act, and therefore it is not subject to the same defenses as criminal cases. It is enough for the state to prove that a person was intoxicated and that they were driving a vehicle, without having to prove that they intended or were reckless about anything. The court noted that the offense of DWI, as defined by New Jersey law, does not specify a required mental state. Hammond, the New Jersey Supreme Court stated definitively that involuntary intoxication is not a defense in DWI cases. Many states include intoxicated manslaughter as a separate offense. This is one of the main differences between the offenses of murder, which requires proof of intent, and manslaughter, which requires proof of recklessness. Kotter.) The key question when a defendant claims involuntary intoxication is whether or not the law requires the state to prove that the defendant had a certain “mental state,” meaning, for example, acting intentionally or recklessly.Ī person who is involuntarily intoxicated might not have the capacity to “intend” to commit a particular crime, but prosecutors might still be able to prove a lesser included offense by showing that the person behaved recklessly. New Jersey courts have held in criminal prosecutions that involuntary intoxication is not a defense unless the statute specifically allows it. The New Jersey Code of Criminal Justice (CCJ) defines “pathological intoxication” as being “grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.” It is considered a type of “involuntary intoxication,” which New Jersey law contrasts with “self-induced intoxication.” To understand why New Jersey courts do not allow pathological or involuntary intoxication as a defense in DWI cases, it is important to know how an involuntary intoxication defense affects criminal cases. This is known as “ pathological intoxication,” but while it might seem like a person in this situation lacks the same level of culpability as in other cases, New Jersey law does not allow it as a defense in DWI cases. ![]() In one recent DWI case in New Jersey, a defendant claimed that, at the time of her arrest, she was having a reaction to sleeping pills and was not aware that she was driving. ![]() Prosecutors can offer evidence of impairment by several means other than alcohol in driving while intoxicated (DWI) cases, such as illegal drugs, prescription medications, or even certain over-the-counter medications. ![]()
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