QUESTION
Is it legal to testify to something if at the time of incident your B>A> was 1.39?
Asked on Oct 26th, 2012 on Criminal Law - Florida
More details to this question:
My son was convicted of attempted murder because of a stabbing at the time all parties involved were intoxicated with drugs and alcohol. The girl who testified at trial was pregnant and taking methadone shots.
9 ANSWERS
Michael J. Breczinski
Yes it is legal to testify but the lawyer should bring up the intoxication in order to show that the witness may not have a good or clear memory of events and may not be accurate.
Answered on Nov 01st, 2012 at 1:20 AM
A person can still testify even if that person may have been under the influence of drugs or alcohol at the time of the event. The issue is one of credibility and whether or not that person's perception of the events in question, memory, and judgement during the event they perceived is credible or not. The veracity/truthfulness/credibility of a witness is something that a Judge and or Jury can take into consideration during a trial, which means that an attorney can attack their credibility based upon the witness being drunk or high off drugs during the event(s) in question.
Answered on Oct 30th, 2012 at 9:53 PM
1 Award
Yes, a person can testify about things they saw when they were intoxicated. The opposing lawyer should and will ask about the intoxication to suggest that the person may not be a reliable witness. That way the jury can decide how much they want to credit a witness who was drunk or on methadone.
Answered on Oct 29th, 2012 at 6:04 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If you are referring to witnesses testifying at trial, then the answer is yes. If they were intoxicated at the time the events they are testifying to occurred, then the jury can and should take that into consideration when assessing that witnesses credibility and their ability to accurately recall the events they are testifying to. The judge or jury uses that information to assess how much weight to give that witnesses testimony. If you are asking can someone be convicted of attempted murder while intoxicated, that can be a valid defense to any crime of attempt as intoxication can be a defense to any crime of "specific intent" as all crimes of attempt are.
Answered on Oct 29th, 2012 at 2:09 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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It is legal to testify to what one observed. It is up to the defense attorney to point out that the witness' perceptions may not be reliable because she was intoxicated at the time.
Answered on Oct 29th, 2012 at 2:08 PM
Being intoxicated is no defense to attempted murder.
Answered on Oct 29th, 2012 at 2:08 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I don't understand your question. Intoxication is not a defense to a crime.
Answered on Oct 29th, 2012 at 2:08 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Her intoxication is fodder for cross-examination that could be (quite) impeachable.
Answered on Oct 29th, 2012 at 12:49 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, it is legal to testify regarding facts, even if someone was drunk at the time. A bal of 1.39 would mean that the person's blood had 139% alcohol. I think that means the person would probably be dead.
Answered on Oct 29th, 2012 at 12:48 PM