Complainant under the influence of drugs, is there statements credible in court?

Asked about 4 years ago - Cincinnati, OH

If a complainant gives statements to the police and other professionals, I don't see how this can be credible or admissible evidence in court if they were under the influence of the time, i.e. drinking, and doing crack cocaine at the same time.
The level of intoxication rendered this person to give intentional false statements that can be proven false.
Now I realize the court or prosecution would hire an expert to testify that some of there statements are valid and that drugs don't necessarily impair judgment recalling certain facts. I don't agree, and the proper thing to do was to bring in this person when there sober.
Can I have her statements thrown out based on this?

Attorney answers (2)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . If the testimony is otherwise admissible, the fact that the speaker is or was intoxicated does not in and of itself render the statement inadmissible, the statement is admissible, but subject to the court's determination as to credibiity. Stated another way the intoxication of the speaker does not render an otherwise admissible statement inadmissible, the issue is credibility.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

  2. Scott Andrew Wineberg

    Contributor Level 14

    Answered . No you cannot have her statements thrown out just because they were made while under the influence. Admissibility and credibility are two different things. Subject to the rules against hearsay and other limitations against the admissibility of those statements, they're coming in. Whether or not anyone is going to believe those statements is a whole different story, although the minimal details provided in your question don't provide enough information to know how those statements would be used against the defendant. Intoxication may go more toward the person's ability to perceive and recall details.

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