Is it legal to testify to something if at the time of incident your B>A> was 1.39? 16 Answers as of November 01, 2012

My son was convicted of attempted murder because of a stabbing at the time all parties involved were intoxicated with drugs and alcohol. The girl who testified at trial was pregnant and taking methadone shots.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes it is legal to testify but the lawyer should bring up the intoxication in order to show that the witness may not have a good or clear memory of events and may not be accurate.
Answer Applies to: Michigan
Replied: 11/1/2012
Law office of Robert D. Scott | Robert Scott
If her mental state was not affected by her B.A. content, yes, it is legal.
Answer Applies to: Maryland
Replied: 10/31/2012
Kevin Bessant
Kevin Bessant | Kevin Bessant
A person can still testify even if that person may have been under the influence of drugs or alcohol at the time of the event. The issue is one of credibility and whether or not that person's perception of the events in question, memory, and judgement during the event they perceived is credible or not. The veracity/truthfulness/credibility of a witness is something that a Judge and or Jury can take into consideration during a trial, which means that an attorney can attack their credibility based upon the witness being drunk or high off drugs during the event(s) in question.
Answer Applies to: Michigan
Replied: 10/30/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
It is legal to testify, however, the weight or credibility of the testimony will not be very high, as the witness was in an intoxicated state of mind. If it was the accused with the high BAC, voluntary intoxication is not a defense to the charge of attempted murder.
Answer Applies to: Illinois
Replied: 10/30/2012
Law Office of David Baum
Law Office of David Baum | David M. Baum
It is legal to testify while under the influence, but it will affect the credibility (believability) of the testimony offered.
Answer Applies to: California
Replied: 10/29/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, a person can testify about things they saw when they were intoxicated. The opposing lawyer should and will ask about the intoxication to suggest that the person may not be a reliable witness. That way the jury can decide how much they want to credit a witness who was drunk or on methadone.
    Answer Applies to: Utah
    Replied: 10/29/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    No one's BAC is 1.39, because at 1.0 the blood is alcohol. So, you probably mean .139. As long as the person testifying can understand the oath and is not under the influence at the time of the testimony, he/she will be allowed to testify to the events on the evening despite his/her intoxication. The BAC does not present testimony, it only impacts credibility. In reality, IF your son thought it was fine to hang out and drink with these folks, then he cannot complain an trial, they are drunk.
    Answer Applies to: Georgia
    Replied: 10/29/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If you are referring to witnesses testifying at trial, then the answer is yes. If they were intoxicated at the time the events they are testifying to occurred, then the jury can and should take that into consideration when assessing that witnesses credibility and their ability to accurately recall the events they are testifying to. The judge or jury uses that information to assess how much weight to give that witnesses testimony. If you are asking can someone be convicted of attempted murder while intoxicated, that can be a valid defense to any crime of attempt as intoxication can be a defense to any crime of "specific intent" as all crimes of attempt are.
    Answer Applies to: Michigan
    Replied: 10/29/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer but generally it depends on whether the judge believes the person is competent to testify. You should hire an attorney.
    Answer Applies to: New York
    Replied: 10/29/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    It is legal to testify to what one observed. It is up to the defense attorney to point out that the witness' perceptions may not be reliable because she was intoxicated at the time.
    Answer Applies to: California
    Replied: 10/29/2012
    Hamblin Law Office | Sally Hamblin
    That becomes a legal issue that the attorney should address at trial.
    Answer Applies to: Michigan
    Replied: 10/29/2012
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