A, who is swerving and speeding in his vehicle, is pulled over by an officer.
A, who is swerving and speeding in his vehicle, is pulled over by an officer. The officer makes his way to the front of the vehicle, and notices that A is talking incoherently and bobbing his head up and down as he tries to speak. Every time the officer asks A questions, A slurs his answers and is incapable of forming a coherent statement. The officer notices that A is wearing what appears to be a hospital arm band. Because A is noticeably intoxicated, the officer arrests A. By the next morning, A is in his right mind, but professes an absolute inability to remember anything from the night before. An investigation reveals that A was released from the hospital about 30 minutes before he was arrested. He went to the hospital because he was suffering from a severe allergic reaction and the doctors administered powerful doses of antihistamine to calm his system. Because A has been a sufferer of severe allergies his entire life, he knows that antihistamines have an intoxicating effect on his body. Nevertheless, after A is released from the hospital he chooses to drive home. A is charged with a variety of driving offenses, including driving under the influence of intoxicants. He asserts a defense of involuntary intoxication. Will his defense be successful or should he be convicted of driving while intoxicated?
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