State v. Hammond - 118 N.J. 306, 571 A.2d 942 (1990)

Rule:

The New Jersey Supreme Court holds that the provisions of the Code governing principles of liability are not applicable to the motor vehicle violation of driving while intoxicated under N.J. Stat. Ann. § 39:4-50. The Code defense of involuntary intoxication, N.J. Stat. Ann. § 2C:2-8, is not a defense to this violation.

Facts:

Respondent prisoner was convicted of operating his vehicle while intoxicated pursuant to N.J. Stat. Ann. § 39:4-50. On appeal to the intermediate appellate court, respondent argued, and the intermediate appellate court agreed, that involuntary intoxication was a valid defense and the cause was remanded for a new trial. The state sought review of the decision. 

Issue:

Was the involuntary intoxication defense applicable to a violation of N.J. Stat. Ann. § 39:4-50? 

Answer:

No.

Conclusion:

The court noted that the Code of Criminal Justice, N.J. Stat. Ann. § 2C:2-8, provided for the affirmative defense of involuntary intoxication. The court held, however, that the legislative history indicated that a violation of the Motor Vehicle Act did not constitute an "offense" within the meaning of the Code of Criminal Justice. Therefore, the affirmative defense found in § 2C:2-8 was not applicable. The court also stated that drunk driving was a strict liability offense that required no culpable mental state, which meant that an affirmative defense which went to a defendant's mental state and culpability was not applicable. Accordingly, the order of the intermediate appellate court was reversed and the trial court's order of conviction and sentence was reinstated.