James was taking prescription drugs for a toothache. While driving one evening, James became extremely nauseated and then blacked out. James subsequently drove his car into a group of pedestrians, killing three people. What is the difference between voluntary and involuntary intoxication? May James rely on one of these defenses? Why or why not?
What will be an ideal response?
Students must apply either voluntary or involuntary intoxication. They must make an inference on whether James was aware of the side effects of the prescription drug; however, toothaches are arguably something that does not constantly happen to one person so involuntary intoxication might be more applicable. If so, because of this medication, James would not be liable because of the involuntary intoxication defense.
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