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tamanedalabe · Sep 27, 2013, 08:46 AM

If I make an incriminating statement while under the influence of large amounts of Opiates, can I later have that same statement disregarded as evidence because I was under the influence?

AK lawyer · Sep 27, 2013, 08:51 AM

I don't think so.

You can try to make the argument that your statement isn't reliable, perhaps. Call an expert on the effects of those drugs as an expert who you would want to testify that the drugs would have made your statements unreliable.

But the judge or jury can determine on their own whether what you said was truthful.

tamanedalabe · Sep 27, 2013, 08:56 AM

Originally Posted by AK lawyer

I don't think so.

You can try to make the argument that your statement isn't reliable, perhaps. Call an expert on the effects of those drugs as an expert who you would want to testify that the drugs would have made your statements unreliable.

But the judge or jury can determine on their own whether or not what you said was truthful.

Thank you very much for quick reply. Not the answer I was hoping for, but thank you nonetheless!

Fr_Chuck · Sep 27, 2013, 09:27 AM

If this was done while being questioned, there is a chance, if officer was aware. But normally no,

tamanedalabe · Sep 27, 2013, 09:38 AM

Thank you for your quick response!

Both arresting, (was aware before Miranda and questioning) and booking were aware. When initially aproached by the arresting officer, the first question was whether I had anything dangerous on my person. Durint he pat-down I was asked asbout the patches on my arms, which led to me telling the officer about being high on Fentanyl and Vicodin.

Fr_Chuck · Sep 27, 2013, 09:54 AM

If the patches were the drugs, and he asked about them, prior to giving Miranda, it is possible that your statement may not be allowed.

If the patches were the drugs, and they were tested, then the issue is, if he had reason to arrest without your statement, the drugs would have been discovered anyway.

Reason you get good lawyer, may be reason to exclude, can even depend on exact statements, reason for pat down,

AK lawyer · Sep 27, 2013, 10:24 AM

As I previously advised OP, the statements cannot be excluded because he was under the influence.

Whether those statements can be excluded because he was not given Miranda rights at the proper time is another question entirely. And If he was properly read his rights, any drug-induced inability to take the advice and keep his mouth closed would not be the state's problem.