Officers on patrol were informed that a vehicle swerving on the street and he appeared damaged at the front. They decided to intervene and operated emergency lights. The accused, who was driving the vehicle continued to drive despite the signs of the police. They had cause two impacts with the vehicle so that it decides to stop. The accused claims to be out with friends in a bar and taking three drinks and a fourth, offered by a stranger. This is his last memory before waking up to the police station the next morning. She claims that her condition during the events, the result of involuntary intoxication, caused by a drug that would have been without his knowledge in the latest consumer she remembers.

The Municipal Court rules on the knowledge of the state of intoxication or illegal alcohol is not part of the elements of the offences under Article 453 of the Criminal Code. It is the voluntary nature of alcohol or drugs which is an element of the offence. Expert evidence is required to establish these facts. If the testimony of an expert - medical chemist, toxicologist, or other - the desired inferences can be drawn from lack of basis of the evidence. As for the defence of involuntary intoxication, the accused did not see anyone put something in one of his glasses. No other witness stated. This method does not reach the threshold of reasonableness to be assessed by the court.

J.E. 2011-1916