STATE v. HAMMOND


118 N.J. 306 (1990)

571 A.2d 942

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THEODORE G. HAMMOND, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 26, 1990.


Attorney(s) appearing for the Case

Boris Moczula, Deputy Attorney General, argued the cause for appellant (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney).

Charles J. Casale, Jr., argued the cause for respondent.


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...

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