I was injured while intoxicated. At hospital they had me drugged up. A police officer asked what happened I dont even remember him being there. I had fallen and hit my head. The police said I told them my husband hit me. After being released from hospital I tried to tell the police what really happeded that I had fallen. One because of being highly intoxicated, my BAC was .175. The officer then said thats not what you said in hospital. I wouldnt even hae known he was there if it hadnt been for my family telling me. I didnt even know my own name
First, your testimony may not be subject to being compelled under the spousal privilege. However, your husband must seek the advice of counsel before going to court to understand what the State Code regarding spousal privileges are. For example, in Georgia, the Legislature just changed the privilege as it pertains to domestic violence cases.
Regarding your specific question, you could be impeached with by the Officer if you testify contrary to what you told the officer as he can then testify to a prior inconsistent statement. But, a good defense lawyer will rehabilitate your testimony if you were truly in no condition to be making credibile statements.
Hope this helps - tell him to get a lawyer
It will go to the weight versus the admissibility of your prior statement. You should provide a written statement to both the D! And your husband's defense attorney. The statement will not be inadmissible. However, your husbands attorney can attack the cops for taking a statewment whileyou wer so intoxicated and drugges. Good luck
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
I practice in Arizona but chances are your statements will be admissable. The Defense attorney will attack the reliability of the statement and the judge (or the jury if your state allows jury trials in DV cases) will decide how much weight to give the statement.
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