Friday, July 16, 2010

Buzz From Workplace Chemicals Is No Defense to DWI, Appeals Court Says

[Comment: Where's the part about workplace safety rules and that someone shouldn't be getting a 'buzz' from the air at work in the first place?]

"Engineer's defense to his third DWI charge was that he had been working with chemicals in a poorly ventilated lab that put him in a 'neurotoxic state'  Just as being slipped a spiked drink at a party is no defense to driving while intoxicated, neither is exposure to mind-impairing chemicals, a New Jersey appeals court held on Monday.  Calling drunken driving an absolute-liability offense, the Appellate Division said trial courts shouldn't be burdened with having to sort out complicated pretextual defenses, lest the preventive purpose of the DWI statute be defeated."

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