You are obviously highly intelligent, and have thought up some creative defenses. However, in my opinion the answer is fairly simple. First, ADD and mild depression are not conditions that in any way would qualify you to argue that you weren't mentally stable enough to make a clear decision as to whether or not to take the paxil - even with alcohol. You weren't prescribed the Paxil, and it clearly states on the bottle not to mix it with alcohol. Furthermore, if you have been diagnosed with depression by a professional, then you should know that all anti-depressants should not be mixed with alcohol - they all carry that warning, even if paxil wasnt something you have ever been prescribed. In my opinion, and in GA where I practice, you would fall under the voluntary intoxication standard and would not have a viable defense. I have been a criminal defense attorney for 22 years, just so you know that I am pretty confident about my answer - I am just honest and straightforward.
Answered on Jul 15th, 2013 at 12:41 AM