If someone got drugged at a party, and had no recollection of what they did including hitting a car and still driving until they got pulled over, what would happen?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If someone got drugged at a party, and had no recollection of what they did including hitting a car and still driving until they got pulled over, what would happen?

Asked on September 8, 2014 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

IF they can prove that they were drugged without their knowledge or consent, they would likely have a good defense to criminal liability (e.g. for DUI or leaving the scene of an accident) and *may* have a good defense to civil liability (e.g. a lawsuit)--the issue with civil liability is that

1) the standard  of proof is lower, making it easier to win a lawsuit then get a criminal conviction; and

2) it's enough to be civilly liable (i.e. be found to owe money for property damage or injury) that the person was "negligent," or careless; it may be, for example, that driving to a party where, at a minimum, alcohol was going to be served means that the person was careless about the possibility of becoming intoxicated in one way or another, and so could be considered to have been negligent. (Or alternately, if there was *any* reason for the person to think he/she may have been impaired, then getting behind the wheel would be negligent.)

So while the person might be able to avoid having to pay for any damages or injuries, his/her defense to a lawsuit is not as strong as his/her defense to criminal liability and there's a not-insigificant chance of civil liability.

The person could obviously sue--and press charges against--the person who drugged him/her, if that person could be identified.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption