QUESTION
My boyfriend is being charged with DV by strangulation. The night of the incident I was drunk and on pills. How can they use this as I was impaired?
Asked on Jul 04th, 2018 on Domestic Violence - Nevada
More details to this question:
My boyfriend and I had an argument, I had been drinking all day. I wanted to leave our apt to get more alcohol, he grabbed my purse so that I couldn't leave. Knowing that I had no ID or money without my purse. I climbed on his back and was trying to get my purse back from him, and during the struggle his elbow hit me in the eye. I got up and went to the bathroom, at which time he left our apt. After he left I called him and he said he was staying at a friends house for the night because he had to get up for work and that if he stayed, I would just continue to argue with him. That made me angry so I decided to take my prescription Clonazepam to calm myself down so that I could go to sleep. That is the last thing I remember until the police showed up at my door. I had apparently called 911 but don't recall doing so. Everything is a blur after taking my pill. How is the statement they took admissible considering I was extremely impaired. I've had similar blackouts before.
1 ANSWER
To answer your question, it is not a defene to a criminal charge that the victim was impaired. Self-defense is another matter. If you wish to recant whatever allegations you made while effectively unconscious due to the substance you had ingested, you can, which may or may not be considered by the prosecutor.
Your boyfriend should consult with qualified criminal defense counsel. And you should consider a course of counseling with someone experienced in drug and alcohol dependency, for his sake and your own, before something irreversible happens during one of those blackouts.
Answered on Jul 14th, 2018 at 5:42 PM