Would being under the influence of a mind altering substance such as alcohol make a statement made to police inadmissible
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Would being under the influence of a mind altering substance such as alcohol make a statement made to police inadmissible
If a victim/witness made a
statement or even just talked to
police about an incident, and later
signed an affidavit saying they
were under the influence of say
alcohol at the time would it make
their conversation/statement no
good? And then charges could
possibly be thrown out if this was
the basis of the charge?
Asked on August 12, 2018 under Criminal Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, it is possible that the statement could be thrown out--and if it was the only evidence for the charge, the charge itself dismissed--IF the person can be shown to have been so intoxicated as to not be mentally competent at the time. Merely having taken a mind-altering substance does not automatically invalidate the statement; there must be evidence (e.g. an expert opinion by some relevant medical expert or practioner, who examined the person at the time or reviewed blood, etc. tests taken then) to show that the person was not legally competent at that moment.
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