QUESTION

Can I legally be arrested for giving a false report if I believed that the incident occurred at the time?

Asked on May 03rd, 2015 on Criminal Law - Texas
More details to this question:
In March, I was rushing to get to the store and accidentally took a sleeping pill instead of my thyroid pill (the pills look identical). I started to hallucinate but because I had no idea I'd taken Ambien I didn't realize I was hallucinating! I believed that a man was trying to force me into his vehicle. Scared, I came straight home hysterical and told my husband what I believed to have happened. He called 911 and the next thing I remember was crying hysterically, my 15 year old daughter hugging me and two deputies in front of my kitchen table asking me to write a statement. I obviously couldn't. I was shaking and hysterical so a deputy had my husband write it and me sign. About 10 days pass, I get a call from the detective working my case to 'touch base". About 10 days later, he asks me to come in and ID a suspect. I got to the substation so fast that I beat him there. I wanted to ID the guy and not live in fear. Detective put me in an interrogation room (I didn't know that's what it was at the time), opened his laptop, showed me surveillance video from that night and all I see is me walking to my truck! I asked him to replay it and check the time stamp because I'd been there twice that day. The time stamp was accurate. I removed my glasses and started crying thinking I'd gone crazy. He then said, "were you having an affair and trying to cover it up? You sat in your truck 5 mins before you went in. You fighting with your husband and wanting his attention?"! promptly told him that our 19th anniversary was in 2 days and not to insult me again. He never Mirandized me. He tried to make me "confess" by rewording 3 different questions until I finally said, "if your video is accurate I guess I have to believe it never happened.". He then let me leave. A week later calls "turn yourself in" charged me with giving a false report to a peace officer. Class B misdemeanor. I was all over the news and on the front page.
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1 ANSWER

Drug Charges Attorney serving Houston, TX at Cynthia Henley
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You need a lawyer. You do have to have intent in order to commit the offense but you will likely need to have a medical expert to testify that this could have been the effect. In addition, your lawyer will likely want your cell phone records. People frequently get arrested for DWI because they drive after taking Ambien and have no memory of it. Dangerous drug.
Answered on May 06th, 2015 at 2:10 PM

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