Involuntary Unconsciousness from Prescription Medication
June 1st, 2015
The Mathson case makes it clear that if a defendant did not know and could not have reasonably known that his use of Ambien could cause sleep driving, this was involuntary intoxication and the resulting unconsciousness was a complete defense to driving under the influence. (People v. Mathson (2012) 210 Cal. App. 4th 1297.)
Tags: CC 3425, Defense Theory: Intoxication, Defense Theory: Unconsciousness
CC 404: Intoxication Not To Be Considered Vis-A-Vis Natural and Probable Consequences
January 30th, 2014
Based on People v. Mendoza (1998) Cal. 4th 1114, 1122-23, People v. Curry (2007) 158 Cal. App. 4th 766, approved CC 404’s admonition to not consider intoxication in deciding whether certain crimes are the natural and probable consequence of the commission of designated target offenses.
Tags: Accomplice Liability, Aider and Abettor, CC 404, Defense Theory: Intoxication