CARTER v. STATE

No. 97-1012.

710 So.2d 110 (1998)

David CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 15, 1998.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maya Saxena, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, Judge.

The issue in this case, which is one of first impression in Florida, is whether a jury instruction on involuntary intoxication should ever be given in a DUI case. We conclude that under the facts of this case, in which there was evidence that the defendant unknowingly took the wrong medicine through the fault of another person, such an instruction should have been given. We therefore reverse for a new trial.

Defendant was arrested around 3:00...

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