Intoxication Defense in New Jersey

New Jersey Criminal Lawyer

what is considered a crime

Intoxication is not a defense in NJ unless it negates a necessary element of a criminal offense. It must be pointed out that it is immaterial whether intoxication is from alcohol or drugs under New Jersey law. The term “intoxication” encompasses any disturbance of an individual’s faculties as a result of the ingestion of substances.

Involuntary Intoxication or pathological intoxication

Involuntary Intoxication or pathological intoxication is a defense where: (a) the accused did not know what he was doing by virtue of his intoxication; or (b) if he was able to recognize what he was doing, he was unable to recognize what he was doing was wrong. “Pathological intoxication” as used herein refers to intoxication that is grossly excessive in relation to the amount of intoxicant ingested and to which the accused is unaware he is susceptible. Involuntary intoxication must be established by clear and convincing evidence. It should be noted that the mixing of prescription drugs and alcohol is not a basis for the defense of involuntary intoxication since an accused should reasonably know that the mixture of alcohol and prescription drugs causes extreme intoxication.

The defense of intoxication is challenging and a criminal lawyer is an absolute necessity in our view if you wish to successfully assert this defense. The criminal lawyers at our NJ law firm, the Law Offices of Jonathan F. Marshall, have the experience necessary to give you the best opportunity to succeed in your criminal case based on involuntary intoxication. A defense lawyer is immediately available to assist you.