State v. Hammond

The opinion of the Court was delivered by

HANDLER, J.

The issue presented by this appeal is whether involuntary intoxication, as defined under the New Jersey Code of Criminal Justice, can be a defense to a drunk-driving charge under the State’s Motor Vehicle Act. The Motor Vehicle Act prohibits the operation of a motor vehicle “while under the influence of intoxicating liquor, ... or ... with a blood alcohol concentration of 0.10% or more ... in the defendant’s blood.” N.J.S.A. 39:4-50. The New Jersey Code of Criminal Justice provides generally that intoxication can constitute an “affirmative…