For the 'no duty' defence in drunken driver cases, the passenger must not only know of the driver's intoxication but must also accept the driver's services, which requires a reasonable opportunity to decide. Where a drunken driver commandeers a vehicle over the passenger's protest and drives off before the passenger has time to leave, the passenger has not 'accepted' the driver's services and the defence fails. The agony of the moment doctrine applies to a passenger's decision to release a seatbelt in the seconds before an apprehended collision, and such action does not constitute contributory negligence.
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